Skip to main content

LGBT

Updated position on Definition of the family

Resolution number
3
Whereas
  1. The legal definition of family used in the Canadian immigration system is an impediment to family reunification;
  2. The current definition of the family in immigration law is based on a traditional, first-world (Western or Global North) and heterosexist vision of the family. In effect, this definition is narrow and discriminatory;
  3. As soon as a dependent person does not meet the current family definition criteria, the application is rejected;
  4. Past CCR resolutions on family reunification that touch on the definition of family, including the November 2011 resolution: "An increased commitment to family reunification", do not include the reality of LGBTQ+ immigrants and other social groups.

 

Therefore be it resolved

that the CCR:

  1. Supports a definition of family that takes into account the family realities observed in various cultural communities and other family dependency situations (multigenerational family, de facto child, brother and sister, etc.), as well as the specific realities of other diverse social groups, including the families of people from LGBTQ+ communities.

 

Working Group
Overseas Protection and Resettlement
Subject
Children
Family reunification
Gender
LGBT
Racism

Access to services for temporary residents

Resolution number
4
Whereas
  1. Canada relies on the labour of migrant workers including those with closed work permits under the Temporary Foreign Worker Program and their family members, international students (“workers with temporary and precarious status”);
  2. The number of workers with temporary and precarious status in Canada has been increasing steadily for two decades;
  3. IRCC-funded services currently exclude workers with temporary and precarious status;
  4. Workers with temporary and precarious status are not eligible for the vast majority of government-subsidized legal services;
  5. Issues of exploitation and abuse of workers with temporary and precarious status are documented and systemic;
  6. Systemic abuse in the recruitment and migration processes creates vulnerabilities for many workers with temporary and precarious status, and lack of access to services exacerbates vulnerabilities they may experience;
  7. Workers with temporary and precarious status have limited to no access to subsidized legal services which they require when seeking recourse for abuse and exploitation;
  8. The support needs of workers with temporary and precarious status vary according to a diversity of identities, including gender and sexual identity;
  9. Economic and Social Development Canada is responsible jointly with IRCC for the Temporary Foreign Worker Program and funds the Migrant Worker Support Program;
  10. IRCC is responsible for issuing work permits under Canada’s temporary migration work and study programs;
  11. CCR has long advocated for access to adequate services for refugees and migrants, including access to legal aid from competent legal professionals; (See Resolution 2 May 01 1999; Res. 1 June 01 2019).

 

Therefore be it resolved

that:

  1. All workers with temporary and precarious status in Canada have access to IRCC-funded settlement services;
  2. ESDC funding for support services for migrant workers must be renewed and increased on an ongoing basis;
  3. Federal and provincial governments fund access to legal aid services for workers with temporary and precarious status seeking access to justice;
  4. These services must be adapted to meet the intersectional needs of this population.

 

Working Group
Immigration and Settlement
Subject
Gender
LGBT
Migrant workers
Non-status
Settlement services

Sexual orientation and Gender Identity policies at IRCC and CBSA

Resolution number
2
Whereas
  1. Previous CCR resolutions already call on the IRB, IRCC and CBSA to include education and training on LGBT issues;
  2. Previous CCR resolutions already call on the IRB to adopt Guidelines for determination of claims of persecution on the basis of sexual orientation but not on other branches of the immigration system to do so;
  3. The IRB is currently in the process of developing sexual orientation and gender identity (SOGI) Guidelines and the CCR is participating in the related consultation process;
Therefore be it resolved

that the CCR call on IRCC, the CBSA and MIDI, as well as provincial and territorial immigration departments to adopt comprehensive internal policies that promote fair, just and equitable treatment related to sexual orientation, gender identity, and gender expression, and provide ongoing education on these policies. 

Working Group
Inland Protection
Subject
LGBT

CIC documents for Trans Persons

Resolution number
6
Whereas
  1. Gender identity is a fluid concept;
  2. Refugees may be persecuted because of their gender identity;
  3. Migrants’ gender identity may change before and after they arrive in Canada;
  4. Trans newcomers to Canada experience barriers in obtaining government documents which reflect their gender identity;
  5. CIC policies state that its documents cannot be changed to reflect persons’ lived gender identity;
  6. Provincial and Territorial Human Rights Codes protect the right to gender identity and the Canadian Charter of Rights and Freedoms prohibits discrimination; 
Therefore be it resolved

that the CCR demand amendments to CIC policies such that immigration and citizenship documents reflect the gender of persons as they identify.

Working Group
Immigration and Settlement
Subject
Anti-oppression
LGBT

Guidelines and education on sexual orientation for the IRB

Resolution number
16
Whereas

There are a number of refugee claims based on sexual orientation being rejected by the Immigration and Refugee Board for reasons that indicate prejudice at worst and a lack of knowledge at best;

Therefore be it resolved

That the CCR strongly urge the Immigration and Refugee Board to develop and adopt Guidelines for determination of claims of persecution on the basis of sexual orientation and provide on-going education on the Guidelines and on combatting homophobia to members, refugee hearings officers and interpreters.

Working Group
Inland Protection
Subject
LGBT

Protection of gay men and lesbians

Resolution number
16
Whereas
  1. Gay men and lesbians are recognized as a particular social group by the federal court;
  2. Gay men and lesbians are protected from discrimination under section 15 of the Canadian Charter of Rights and Freedoms;
  3. Most Canadian provinces currently recognize gay and lesbian relationships as legally equal to heterosexual relationships;
  4. The CCR has adopted a resolution on "Guidelines and Education on Sexual Orientation for the IRB" (Res 16, Nov 94);
Therefore be it resolved

That the CCR call on the federal government to:

  1. Grant equal legal status to same-sex relationships within the Family Class as is currently given heterosexual relationships;
  2. Exempt refugees from rejection on the basis of medical inadmissibility, particularly gays and lesbians with HIV/AIDS;
  3. Extend full and equal protection to people fleeing persecution based on sexual orientation at visa offices;
  4. Waive the one-year cohabitation requirement for overseas sponsorship of a same-sex partner and to substitute it with an appropriate non-discriminatory alternative.
Working Group
Inland Protection
Subject
LGBT

Settlement services to lesbians, gays, bisexuals and trans-gendered refugees and immigrants

Resolution number
4
Whereas
  1. The Human Rights Code includes sexual orientation as one of the prohibited grounds for discrimination in Canada;
  2. Gay men, lesbians, bisexual and transgendered individuals are as much a part of the immigrant and refugee communities as they are part of every community;
  3. Settlement agencies have the responsibility to provide relevant, effective and appropriate services to these further marginalized immigrant and refugee communities;
  4. The staff of settlement agencies, as part of a society that has heterosexist privilege, may have internalized a world view that further marginalizes these groups;
  5. This will impact negatively on the ability of the sector to provide effective settlement services to gay, lesbian, bisexual and transgendered immigrants and refugees;
Therefore be it resolved

That the CCR play a proactive role in supporting the rights of gay, lesbian, bisexual and transgendered immigrants and refugees by:

  1. a) Becoming familiar with the issues affecting lesbian, gay, bisexual and transgendered immigrants and refugees, with the agencies providing specialized services to these communities, and with the immigration options available to them;

    b) Providing training opportunities at conferences for settlement staff to begin to challenge attitudes which discriminate against lesbian, gay, bisexual and transgendered refugees and immigrants;

    c) Developing internal policies that affirm the rights of individuals who are lesbian, gay, bisexual and transgendered immigrants and refugees;

    d) Applying inclusive hiring practices that encourage the employment of staff from these communities.

  2. Taking a proactive role in encouraging CCR member agencies to accept their responsibility to provide appropriate settlement services to lesbian, gay, bisexual and transgendered immigrants and refugees by undertaking the same initiatives outlined above.
Working Group
Immigration and Settlement
Subject
Settlement services
LGBT

Combating homophobia and heterosexism

Resolution number
19
Whereas
  1. The CCR membership has acknowledged the negative impact of homophobia and heterosexism within our sector and membership;
  2. Current settlement standards do not explicitly reflect the experiences of lesbian, gay, bisexual, transgender and queer (LGBTQ) refugees and immigrants;
  3. There is an apparent lack of commitment to training and education on these issues;
  4. There are serious concerns about the refusal rates of refugee claims based on sexual orientation;
Therefore be it resolved

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.
Working Group
Immigration and Settlement
Subject
IRB
LGBT

LGBT claimant issues

Resolution number
11
Whereas
  1. The CCR passed a resolution in November 1994 on guidelines and education on sexual orientation for the IRB (Res. 16);
  2. There continues to be a lack of familiarity and sensitivity to lesbian, gay, bisexual, transgender/transsexual (LGBT) issues and realities amongst some members of the IRB, RPOs and CIC employees as well as a continuing attitude of homophobia and heterosexism;
  3. Members are using the existence of LGBT organizations in the country of origin as evidence of acceptance in the country of origin;
  4. Members are using tourist promotional materials directed at LGBT North American communities as evidence of acceptance;
  5. Members incorrectly assume that there are no human rights abuses and therefore consider there is evidence of acceptance, in situations where both Amnesty International and Human Rights Watch are silent on specific countries;
  6. Some members state that claimants will experience no problems if they behave in a discreet manner in their country of origin;
Therefore be it resolved

That the CCR:

  1. Write to the Chairperson of the IRB requesting the development and implementation of guidelines for sexual orientation claims and that the guidelines be developed in consultation with the CCR and LGBT organizations;
  2. Request the IRB and CIC to provide ongoing sensitivity training on LGBT issues and realities for members, RPOs and CIC employees.
Working Group
Inland Protection
Subject
LGBT

Anti-homophobia and anti-heterosexism policy

Resolution number
1
Whereas
  1. CCR passed Resolution 19,Dec. 2000 on combating homophobia and heterosexism and Resolution 4, May1998 on the need to develop internal policies that affirm the rights of individuals.
  2. CCR should lead by example in combating homophobia and heterosexism in the CCR membership and the immigrant and refugee serving communities.
Therefore be it resolved

That the CCR:

  1. Develop an anti-homophobia and anti-heterosexism policy to present to its membership for endorsement at the Fall 2004 consultation.
  2. Ensure that this new policy and the existing anti-racism policy incorporate an integrated approach in implementation.
Working Group
Immigration and Settlement
Subject
LGBT
Subscribe to LGBT