Children

1. The reunification of families continues to be a serious problem for refugees in Canada;
2. No financial support requirement need be satisfied in the resettlement of protected persons;
3. Under the Immigration and Refugee Protection Regulations, children who are granted "protected person" status in Canada are not permitted to include their parents and siblings, either abroad or in Canada, in their applications to be landed as "protected persons";

Recent family court decisions in B.C. and Ontario have provided that a child who comes under the jurisdiction of the Hague Convention and who is a refugee claimant in Canada could be returned to the country where she fears persecution prior to a determination of the refugee claim;

1. The CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically;
2. The Conference identified urgent protection for trafficked women and children as a key priority;

1. Communities are seeing many incidents where sponsored refugees are leaving newborn children behind.
2. Some children are dying as a result of these decisions.
3. These decisions are being made based on information circulating in-country that reporting these newborns will result in their travel arrangements being cancelled.
4. Information on how to report and procedures for reporting do not always reflect the context of refugee applicants regarding access.

children of many refugee claimants, failed refugee claimants and children who are themselves refugee claimants or failed refugee claimants are unable to attend post secondary educational institutions while they or their parent(s) are awaiting a decision on an application to CIC due to the high cost of that education. These children are considered international students.

1. There are serious problems with the understanding and application of the notion of “Best Interests of the Child” by CIC officials;
2. The practice with regard to “ Best Interest of the Child” has strayed far from the “substantial weight” required by the Supreme Court in Baker and the “primary consideration” mandated by the Convention on the Rights of the Child.

1. Women who have been accepted as refugees or permanent residents in Canada and who are seeking family reunification with their children overseas are required to produce a signed consent form from the father, or a custody order if the parents have separated;
2. This creates an unfair burden on women in some cases, especially in cases of domestic violence;
3. Such demands are leading to delays which, in some cases, compromise the best interests of children affected;

1. Children’s entitlement to education, protective services, and other supports is determined by age;
2. Dates of birth on CIC issued documentation are frequently erroneous;
3. The process for changing such information is cumbersome, onerous, and lengthy, taking time that child do not have;
4. There are few security implications for altering birth dates for minors;

1. Canada is signatory to the Convention on the Rights of the Child;
2. The Final Report of the Standing Senate Committee On Human Rights, published in April 2007, concluded that “...one of its primary proposals should be the establishment of a children’s Commissioner at the federal level in Canada...” (p. 202).

1. Detention is a recourse of last resort;
2. Detention of minors must be an exceptional measure;
3. The best interests of the child must be taken into consideration by the government and its tribunals;