Montreal. The Canadian Council for Refugees (CCR) today
called on the Canadian government to honour the upcoming 20th anniversary
of the Supreme Court’s Singh decision by implementing the Refugee Appeal Division
that is included in the
Immigration and Refugee Protection Act.
“Twenty years ago, the Supreme Court reminded us that refugee claimants
are human beings with basic rights and that they may need our protection,”
said Nick Summers, President. “Today refugees are denied that protection
because the government denies them their right to an appeal. The government
has never once been able to put forward a logical principled reason for their
failure to do what the
Immigration and Refugee Protection Act requires.
The Refugee Appeal Division should be implemented immediately because it is
the humane, just, and right thing to do.”
The CCR was shocked to hear that, according to an article in Le Devoir,
22 March 2005, Minister of Citizenship and Immigration Joseph Volpe has ruled
out implementing the refugee appeal and that he is exploring alternatives
to the appeal in the law. Nick Summers responded that “for almost three years
the Minister’s predecessors have been saying that they were exploring alternatives
and that we would be consulted. However, we have never even seen or
been consulted on any of the options that the government claims it is considering.
It just sounds like another delaying tactic.”
The Singh decision was rendered on 4 April 1985 and the date is celebrated
each year in Canada as Refugee Rights Day. One of the first Charter
cases to be decided by the Supreme Court, the Singh decision applied section
7 of the Charter, which declares: “Everyone has the right to life, liberty
and security of the person and the right not to be deprived thereof except
in accordance with the principles of fundamental justice.” The Court
found that “everyone” includes refugees, and recognized that the refugee determination
system must obey the principles of fundamental justice, since refugee claimants’
security of the person might be threatened if deported. The Court specifically
ruled that this means that refugee claimants have a right to an oral hearing
before the decision-maker when credibility is at stake.
Activities are being organized in communities across Canada on Monday 4
April to celebrate Refugee Rights Day and the 20th anniversary of the Singh
decision.
The Canadian Council for Refugees today published a paper,
The Refugee
Appeal: Is No One Listening, available at
http://www.ccrweb.ca/refugeeappeal.pdf
Contacts:
Nick Summers, President (709) 682-9329
Janet Dench, Executive Director (514) 277-7223 (ext. 2)
Catherine Balfour, Communications Coordinator (514) 277-7223 (ext. 1) for
information about activities planned locally