- Presently no guidelines exist at the IRB with respect to making children's best interests a primary consideration in appropriate cases before it;
- The need to assign primary consideration to the best interests of children is required by international legal instruments to which Canada is a party;
- The Federal Court of Canada has failed to give effect to the best interests of children representing more than a consideration in immigration matters affecting children's interests;
Therefore be it resolved
That the CCR:
- Encourage the IRB to develop guidelines for the Immigration Appeal Division and the Convention Refugee Determination Division appertaining to the best interests of children in light of the principle of family reunification and Canada's international legal obligations, including the Convention on the Rights of the Child and the Hague Convention on adoptions;
- Urge the Minister of Citizenship and Immigration to adopt and implement the guidelines so developed for both inland and visa office cases.
Overseas Protection and Resettlement