5. Mental Health and Detention - part 3

Jun 2012
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:

6. Simplification of change of address

Jun 2012
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:

5. Mental Health and Detention - part 1

Jun 2012
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:

5. Mental Health and Detention - part 2

Jun 2012
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:

10. Detention of non-status persons

May 2009
Whereas:
  1. There are a large number of persons without status who have submitted different forms of requests to regularize their situation;
  2. The main way to ask for a decision on humanitarian grounds or other grounds while a person is underground and the subject of an arrest warrant is to present themselves to the Canadian authorities;
  3. People without status who present themselves to the Canadian authorities in order to regularize their status are often detained;
Therefore be it resolved:

That the CCR advocate with the Minister of Public Safety, CBSA, and the Immigration and Refugee Board that persons presenting themselves voluntarily for regularization should benefit from a favourable presumption that they do not normally represent a flight risk and that they therefore should not be detained.

Working Group:

13. Children in Detention

May 2009
Whereas:
  1. Section 60 of IRPA says that detention of children should be a measure of last resort;
  2. Regulation 249 obliges the consideration of alternatives to detention where children are concerned;
  3. The Convention on the Rights of the Child obliges Canada to give primary consideration to the best interests of the child;
  4. Children are held in detention centres in Canada either because they are detained or because they are accompanying their detained guardians;
  5. CBSA and IRB do not give primary consideration to best interests of the child in their decision-making with regards to detention of children;
Therefore be it resolved:

That the CCR demand that:

  1. CBSA not detain children by considering all possible alternatives;
  2. IRB and CBSA respect their obligations under the Convention on the Rights of the Child and give primary consideration to the best interests of the child when making decisions on detention of children or of adult guardians of children, which affects their children.
Working Group:

14. Detention of minors – presumption of age

May 2009
Whereas:
  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;
Therefore be it resolved:

That the CCR recommend that, when a person who alleges to be a minor is detained for reasons of identity, they must be presumed to be a minor, until otherwise established.

Working Group:

12. NGO access to detention centres

May 2007
Whereas:
  1. NGO access to CBSA Immigration Detention Facilities is necessary;
  2. NGO access has become increasingly difficult given strict requirements for security clearance;
Therefore be it resolved:

That the CCR demand that NGOs that visit or provide services within immigration detention facilities not be required to pass security clearance

Working Group:

13. Access to Vancouver detention facility

May 2007
Whereas:

CBSA has refused to grant NGO access to their Vancouver airport detention facility;

Therefore be it resolved:

That the CCR demand that CBSA ensure NGO access to this facility.

Working Group:

5. Detention on identity grounds

Nov 2006
Whereas:
  1. According to IRPA, there is no independent review of: a) the decision of an officer to detain a foreign national because their identity has not been established. b) the Minister’s opinion that identity has not been established. c) once identity has been tendered, the decision that it is insufficient;
  2. According to international human rights law, detention without independent review constitutes arbitrary detention;
Therefore be it resolved:

That the CCR demand that IRPA be amended to require that the Immigration Division of the Immigration and Refugee Board conduct an independent review of 1 a), b) and c).

Working Group:

16. Detention on grounds of ID

Nov 2003
Whereas:
  1. Many refugee claimants lack identity documents upon arrival;
  2. International standards stipulate that people must not be penalized for lack of ID;
  3. International guidelines on detention stipulate that undocumented refugee claimants should not normally be detained;
Therefore be it resolved:

That the CCR call on the government of Canada (CIC and IRB) to adhere to international standards with respect to detention of refugee claimants, and to ensure that refugee claimants not be detained for more time than is required to conduct initial enquiries as to the person's identity. Ascertaining a person's identity should not be dependent on an ability to produce an identity document.

Working Group:

17. Bonds required for refugee claimants in Toronto and elsewhere

Nov 2003
Whereas:
  1. The majority of refugee claimants in detention in Toronto and elsewhere are required to pay a bond to be released;
  2. Most refugee claimants do not have friends or relatives to pay the bond;
  3. The bail program in Toronto is very slow and does not accept all claimants.
Therefore be it resolved:

That the CCR ask CIC and the IRB to release refugee claimants who satisfy their identity requirements, without a bond.

Working Group:

15. Access to counsel for immigration detainees

Nov 2003
Whereas:

The increasing use of detention by CIC in provincial jails has resulted in the transfer of immigration detainees to remote areas, where they are effectively denied the right to counsel and cannot even contact counsel due to the requirement to communicate via collect calls from these jails;

Therefore be it resolved:

That CCR call upon the federal and provincial governments to establish procedures to ensure effective access to counsel for all immigration detainees, including free telephone access and face to face communication with counsel.

Working Group:

10. Detention on the basis of identity

May 2002
Whereas:

Persons of certain countries of origin such as Pakistan and some African states appear to be detained on the basis of identity for extended periods;

Therefore be it resolved:

That the CCR call on CIC to:

  1. Research the length of time it takes those detained on the basis of identity to obtain release;
  2. Report the data by country of origin;
  3. Make public the findings.
Working Group:

30. Detention

Dec 2001
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:

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