Detention

Simplification of change of address

Resolution number
6
Whereas

individuals with on-going processes with CIC, CBSA, and/or the IRB are required to provide separate address notification to each,

Therefore be it resolved

that the CCR advocate in favour of a centralized notification of change of address to avoid incidents of unnecessary detention and/or abandonment or dismissal of claims.

Working Group
Subject

Mental Health and Detention - part 3

Resolution number
5
Whereas

individuals with mental health issues, who have had no involvement with the criminal justice system, are detained in provincial criminal institutions,

Therefore be it resolved

that the CCR advocate that CBSA cease this practice, provide individuals with accommodations that respect their dignity, and provide access to appropriate services.

Working Group

Mental Health and Detention - part 2

Resolution number
5
Whereas

conditions imposed on individuals to be released from detention by the Immigration Division and conditions imposed for a stay of a deportation order by the Immigration Appeal Division do not always take into consideration difficulties of compliance for people with serious mental health issues.

Therefore be it resolved

that CCR advocate that the IRB develop a policy for decision makers that requires that all conditions of release and stay take into account the ability of the person to comply with the conditions in light of their mental health status.

Working Group

Mental Health and Detention - part 1

Resolution number
5
Whereas

there are numerous gaps in services for immigrants and refugees with mental health issues and serious problems with the legal framework

Therefore be it resolved

that the CCR advocate in favour of:

  1. The right to State-funded counsel for persons with mental health issues.
  2. Access to mental health services for persons in detention, including assessment, counselling, and treatment.
  3. Training on mental health issues for all CBSA officers, IRB members, designated representatives and other stakeholders.
  4. Guidelines to provide for flexibility to enable PIF or BOC amendments without consequences for refugee claimants and
  5. Relaxed timelines for all vulnerable persons.
  6. Repeal IRPA sections 64 (2) (no appeal for a person with a sentence of 2 years or more) and 68 (a) (automatic termination of stays of removal in the event of subsequent conviction.
Working Group

Use of Restraints during IRB Hearings

Resolution number
22
Whereas
  1. Refugee claimants not infrequently find themselves in detention even after they have been found eligible;
  2. All persons detained in an Immigration Holding Centre are routinely transported to and from hearings in handcuffs and those held in jail (detained under Immigration Act) are conveyed in handcuffs and leg irons;
  3. These restraints are in certain cases not removed even when a refugee claim is heard before the IRB;
  4. This seems to contradict the spirit in which a refugee claim is supposed to be made;
  5. The practice is a violation of UN standard minimum rules for the treatment of prisoners;
Therefore be it resolved

that the CCR ask the Minister of Citizenship and Immigration:

  1. To instruct Immigration enforcement officials that all restraints be removed before an IRB hearing;
  2. To ask the IRB to provide a reasonable and sufficient level of security so that restraints can be removed safely and in a way that the claimants are not compromised, the Board members remain without bias and a clear and fair refugee hearing can take place.
Working Group
Subject

Border direct-backs and detention

Resolution number
17
Whereas
  1. In June of 1996, in response to the U.S. INS detention of Canada-bound refugee claimants and the subsequent processing of said claimants for deportation, the CCR passed a resolution urging CIC to cease turning refugee claimants back to the U.S.;
  2. INS detentions of Canada-bound refugee claimants have continued and, in fact, broadened in 1998 to include detentions in the Niagara Region, Blackpool and Minnesota;
  3. INS has continued to detain certain refugee claimants, even after such claimants have received Canadian eligibility determinations, thereby denying these claimants the opportunity to pursue their refugee claims in Canada;
  4. In an April 29, 1998 letter to the President of the CCR, the Acting Director General of the Enforcement Branch, CIC NHQ, stated, "...it is our policy that no person will be returned to the United States where there is reason to believe that they will be removed from the U.S. before the scheduled eligibility determination or would otherwise be unavailable because of detention. We are reviewing our procedures manual to ensure that this is clearly understood";
  5. Despite the above-cited policy, CIC in the Niagara Region has continued to direct refugee claimants back to the United States to await eligibility determinations, which has resulted in the detention of a troubling number of people;
  6. CIC's practice at certain border crossings of closing the border to refugee claimants on certain days of the week or at certain times of the year has also led to U.S. detentions of Canada-bound refugees awaiting Canadian processing;
Therefore be it resolved

That the CCR urge CIC to:

  1. Process refugee claimants immediately upon their arrival at the border, rather than closing the border to refugee claimants on certain days of the week or at certain times of the year.
  2. Discontinue the practice of directing refugee claimants back to the United States.
  3. In cases where Canada-bound refugee claimants have been detained by the INS, request that INS release such individuals to Canada to proceed with Canadian refugee claims.
Working Group
Subject

National detention standards

Resolution number
11
Whereas
  1. National Detention Standards remain at a draft stage but function as de facto guidelines;
  2. It is acknowledged that there are no management oversight boards for detention facilities within the CIC structure and no satisfactory complaint mechanisms;
Therefore be it resolved

That the CCR urge CIC to:

  1. Amend and adopt the draft National Detention Standards in line with NGO proposed amendments;
  2. Establish management oversight boards for CIC detention facilities and an effective complaint mechanism for detainees and NGOs;
  3. Adopt national detention standards for persons detained in non-CIC facilities.
Working Group
Subject

Detention monitoring

Resolution number
10
Whereas

The Canadian Red Cross is about to sign a Detention Monitoring Agreement to monitor CIC detention facilities;

Therefore be it resolved

That the CCR urge CIC to disclose the findings of the Red Cross reports as fully as possible consistent with the principles of the Red Cross including confidentiality.

 
Working Group
Subject

Detention

Resolution number
30
Whereas
  1. A number of resolutions, especially Res. 35, June 1994, have raised problems of accountability of immigration officials who abuse the rights of non-citizens in detention;
  2. These problems persist;
Therefore be it resolved

That the CCR renew its request for the urgent establishment of an independent ombudsperson’s office, for complaints about Immigration practices, especially on detention issues.

Working Group
Subject

Minors in detention

Resolution number
20
Whereas
  1. The CCR called in Resolution 20, November 1993 for an end to the detention of refugee children;
  2. Minor refugee claimants continue to be detained in Canada;
  3. In the case of trafficked minors the government justifies such detention on the grounds that detention protects minors from their traffickers and is in the best interests of children;
  4. The CCR recognizes that in certain cases there is a need for the protection of minors but unequivocally opposes the detention of minors as detention is never in the best interests of children;
Therefore be it resolved

That the CCR call on CIC, in the case of refugee children in need of such protection, as an alternative to detention, to implement other protection models such as “safe houses.”

Working Group