IRB

That the CCR:

1. Express our opposition to increased findings of no credible basis in Montreal and call on the IRB to cease abusive use of such findings.
2. Request training of IRB members with the active involvement of the UNHCR, the Canadian Bar, the CCR and other appropriate NGOs. This training must include sensitivity training on treatment of torture victims, a code of ethics for Board members and training on the rules of fundamental justice.

That the CCR ask that the mandate of Mr Ratushny be expanded to include the complaints process and violations of fundamental rights in all of the CRDD's regions, the details of which are to be provided by the Working Group on Refugee Protection.

That the CCR endorse and promote the recommendations of the report on the appointments process.

That the CCR:

1. Call for a moratorium on nominations and non-renewals until a fair process can be instituted.
2. Ask the Parliamentary Committee on Citizenship and Immigration to hold hearings on these issues.

That the CCR call upon the IRB to immediately stop the use of video-conferencing for the conducting of refugee claim hearings and detention reviews.

That the CCR call on the Refugee Division of the Immigration and Refugee Board not to disclose any personal information form in the hearing of another claim unless:

1. The information in the personal information form is sanitized so that neither the claimant nor any other person the claimant names in the form can be identified;
2. The claimant expressly consents to the disclosure of the form for the purpose of the hearing of that claim; or
3. The Refugee Division is satisfied, at a hearing where the claimant whose personal information form is to be disclosed is notified and given an opportunity to be present and make representations, that there is no serious possibility that the life, liberty or security of any person would be endangered by reason of the filing of the personal information form in the hearing of the other claim.

That the CCR:

1. Support the expansion of the mandate of the IRB as proposed by the Minister of Citizenship and Immigration, provided that the legislation and regulations enabling this proposal contain the following provisions:

   (a) that the IRB shall, when dealing with a person's claim, first determine if the person is a Convention Refugee before going on to decide whether that person faces other risks in returning to her/his country of nationality;

   (b) that the risks which the IRB may determine are grounds for not returning a person to his/her country of nationality shall include but not be limited to:

   (i) risks identified in international instruments to which Canada is party, such as the Convention Against Torture, the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention on the Reduction of Statelessness;

   (ii) Generalized and personal risks resulting from country conditions, such as a state of war, generalized violence, widespread abuse of human rights, unchecked criminal activity, state-sanctioned torture or persecution against women;

   (iii) risks to family life and unity.

   (c) that the IRB be designated a "court of first instance" to determine whether a person's rights under the Canadian Charter of Rights and Freedoms would be violated should he/she be required to leave Canada and return to her/his country of nationality;

   (d) that the selection and training of members of the IRB be done in a fair, unbiased, and open manner, as more specifically stated in previous CCR resolutions;

   (e) that a person have the right to an appeal on the merits from the decision of the IRB in accord with CCR Resolution 24, May 92;

   (f) that there be a pre-removal review conducted by the IRB to determine if there has been any change in circumstances which would alter the IRB's initial decision on the person's claim for Convention Refugee status and on whether that person would face other risks;

   (g) that a person has the right to paid counsel at the initial hearing before the IRB, at the appeal on the merits, and at the pre-removal review.

2. Request meaningful consultation on the issues addressed prior to the drafting of legislation on these matters.

That the CCR request that the IRB make it apriority to establish a joint committee with the CCR to develop guidelines for refugee claim determination involving survivors of torture. The joint committee will work in consultation with other organizations with expertise in dealing with survivors of torture.

That a task group be struck by the CCR to:

1. Facilitate information-sharing on pro LGBTQ practices and policies within the immigration and refugee sector;
2. Suggest amendments to existing settlement standards to include LGBTQ issues;
3. Urge CCR members to implement mandatory training and education within their agencies on unlearning homophobia and heterosexism;
4. Gather evidence about the refusal rate, processes and practices of the IRB in relation to claims based on sexual orientation.

That the CCR call upon the Immigration and Refugee Board to:

1. Introduce a procedure whereby complaints related to the behaviour or competence of Convention Refugee Determination Division members and Refugee Claims Officers will be investigated by an independent person or panel;
2. Develop and implement a policy which clearly sets out what consequences flow from a finding that a Convention Refugee Determination Division member or Refugee Claims Officer has engaged in inappropriate behaviour or has acted in an incompetent manner.