Children

Separated children in BC

Resolution number
19
Whereas
  1. The Province of BC has in place an appropriate model for the protection, care and guardianship of all separated children;
  2. The current BC government is now considering reduction of these services and lowering the age limit for such services;
Therefore be it resolved

That the CCR call on the BC government to maintain or improve the current level of protection, care and services for separated refugee children in BC.

Working Group
Subject

Separated children over 16 years of age

Resolution number
18
Whereas

It has been recognized that the situation of separated refugee children in some provinces (notably Ontario where the largest number of such children arrive) is particularly critical due to the province’s general failure to provide appropriate child welfare services to separated refugee children, and due to the province’s breach of its international obligations under the Convention on the Rights of the Child in defining children to include only those under 16;

Therefore be it resolved

That the CCR call on all provincial governments to immediately take responsibility for all children under 18 years in their jurisdiction and in need of protection and care, in accordance with their international obligations under the Convention on the Rights of the Child.

Working Group
Subject

Separated children: UNHCR report

Resolution number
17
Whereas

The UNHCR has recently produced a report on the situation of separated refugee children in Canada and has made a series of recommendations to the IRB and to the federal and provincial governments to address the protection needs of these children;

Therefore be it resolved

That the CCR adopt the UNHCR report and recommendations and call on the IRB and the federal and provincial governments to implement these recommendations.

Working Group
Subject

Separated children: jurisdiction

Resolution number
16
Whereas
  1. The increasing number of separated refugee children in Canada has drawn attention to the protection gaps existing in Canada, in particular the inconsistent practices regarding care and guardianship of separated refugee children in different provinces;
  2. Canada has obligations under the UN Convention on the Rights of the Child;
Therefore be it resolved

That the CCR call on the federal and provincial governments to immediately resolve the jurisdictional issues and put into place measures that are consistent across Canada to fill the gaps in protection, care and guardianship of these vulnerable children, in accordance with Canada's international obligations.

Working Group
Subject

Separated Children: CIC Interviews

Resolution number
8
Whereas
  1. Separated children are by definition without the care and protection of their parents or other primary caregivers, often face many dangers during their flight and arrive in Canada disoriented and frightened;
  2. Front-end security interviews require separated children to respond to often lengthy and detailed questions including those related to their refugee claim;
  3. Separated children would be unlikely to know of the 1951 Refuge Convention reasons and their flight reasons are frequently multi-factorial and may include child-specific violations of human rights;
  4. It is inappropriate that children under 18 be interviewed in the absence of a parent or guardian;
Therefore be it resolved

That the CCR request to CIC that immigration examinations with separated children only be conducted in the presence of a properly appointed designated representative or guardian.

 
Working Group
Subject

Children: "None is Too Many" Agreement

Resolution number
5
Whereas
  1. The Canadian government intends to sign a "None is Too Many" agreement with the USA;
  2. Under IRPA the Canadian government has confirmed its intention of only detaining minors as a last resort;
  3. In the USA, the immigration authorities detain on average 5,000 separated children every year;
Therefore be it resolved

That the CCR ask for assurances from the Minister of Citizenship and Immigration that no children who are seeking protected person status in Canada – whether separated from or accompanied by parents or legal guardians – be returned to the U.S.A.

 
Working Group

Separated children

Resolution number
19
Whereas
  1. The questions around the care and protection of separated children arriving in Canada are a growing concern;
  2. The CCR contributed to the preparation of the ‘Best Practices' document developed by the Focal Point on Separated Children in the Americas, a project of the International Bureau on Children's Rights;
  3. The Focal Point on Separated Children in the Americas has asked for endorsement by organizations;
Therefore be it resolved

That the CCR endorse this Best Practices document by the Focal Point on Separated Children in the Americas, and encourage member organizations to do the same.

 
Working Group
Subject

Best interests of the child

Resolution number
18
Whereas
  1. International human rights instruments which Canada has signed require that children's best interests be given priority consideration;
  2. A number of recent decisions by H and C and PRRA officers seem to indicate that full consideration of the best interests of the child is not being applied;
  3. There are no written guidelines to follow for CIC officers when assessing the best interests of the child, and the new IP5 manual does not deal satisfactorily with this issue:
Therefore be it resolved

That the CCR urge the Minister of Citizenship and Immigration that written guidelines on the best interests of the child to be used by CIC officers within Canada and abroad, be developed in consultation with the CCR and other organizations promoting the rights of children.

Working Group
Subject

Separated children national policy

Resolution number
14
Whereas
  1. The CCR passed a resolution to endorse the "Best Practice" Statement developed by the Focal Point on Separated Children (Res. 19, Nov. 2002);
  2. There has yet to be a national policy developed on separated children;
  3. There is no consistent definition of the term "separated children";
  4. Practices differ widely across the country;
Therefore be it resolved

That the CCR write to the Minister of Citizenship and Immigration requesting the implementation of a national policy that is consistent with the Best Practices statement, and that the policy be developed in consultation with the CCR, NGOs and the UNHCR.

Working Group
Subject

Children and access to education

Resolution number
30
Whereas
  1. The UN Committee on the Rights of the Child has noted with concern in its recent report on Canada that children are being excluded from schools in Canada because of their lack of immigration status;
  2. It is the policy of the CCR that all minor children residing in Canada have the right to attend school regardless of their immigration status;
  3. Education of children is a matter of the exclusive jurisdiction of the provincial governments under the Canadian constitution;
  4. The exception set out in section 30(2) of IRPA has the effect, due to its ambiguity, of excluding from school many children who are not visitors;
Therefore be it resolved

That the CCR:

  1. Urge the Minister of Citizenship and Immigration to amend section 30(2) omitting the exception.
  2. Contact all the provincial Ministers of Education and urge them to ensure that all minor children are admitted to schools in Canada free of charge without regard to their immigration status.
  3. Work with local groups such as the Education Rights Task Force in Ontario to develop strategies to ensure that all minor children have free access to education everywhere in Canada regardless of their immigration status.
Working Group