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Resettlement policy

Resettlement, durable solutions and signatory countries

Resolution number
9
Whereas
  1. The CCR adopted Resolution 5, Dec. 1999 drawing CIC’s attention to the inconsistency of interpretation of ‘durable solution’ and calling for an interpretation that specified that temporary protection and eligibility for future refugee determination do not constitute a ‘durable solution’.
  2. CIC’s manual chapter OP5 fails to provide clarity to the interpretation of ‘durable solution’, and continues to blend the concepts of ‘signatory countries’ and ‘fair and effective protection regimes’.
  3. The language used in OP5 does not conform to the regulatory provisions in IRPA.
  4. CIC created the policy in OP5 of ‘signatory countries’ as a limitation to access the Canadian resettlement stream even though IRPA provides no such limitation.
Therefore be it resolved

That the CCR:

  1. Urge CIC to abandon the use of concepts of ‘signatory countries’ and ‘fair and effective protection regimes’ and focus its attention on the availability of a durable solution for the individual applicant.
  2. Urge that OP5 be amended to conform to IRPA and to set out that there is no reasonable prospect of a durable solution in all those situations where it has been improperly applied, and in particular, those situations where: a)    a refugee claim has been made in the country where the person is located and rejected.

     

     b)    the determination of a refugee claim in the country where the person is located is subject to undue delays.

     

     c)    a refugee claim is pending in the country where the person is located and likely to be rejected for the reason that the concept of protection is applied more narrowly by that country than by Canada.

     

     d)    the person has been denied access to the local refugee determination regime because of the person’s own prior irrevocable waiver of the right to access the refugee determination system.
  3. Request that CIC:
    a) make it clear to sponsors and the applicant when CIC believes that applicants are in a country where local integration may represent a durable solution.
    b) indicate concretely what the proposed durable solution is.

     

     
    c) allow the sponsors and the applicant to rebut that presumption.
  4. Urge its members to litigate failed resettlement cases where ‘signatory country’ was the issue.

Canada’s global resettlement program

Resolution number
6
Whereas

Canada is directing resources to its group processing initiatives at the expense of its global program for refugees seeking protection through resettlement;

Therefore be it resolved

That the CCR urge the Canadian government to commit to maintain global access to resettlement and increase the resources to make that access effective.

Referral to services post-eligibility

Resolution number
5
Whereas
  1. Bill C-11 will create very tight timelines;
  2. Claimants will need assistance in understanding and preparing for the process;
Therefore be it resolved

That the CCR call on CIC and CBSA to adopt as a standard operating procedure the referral of claimants to appropriate and willing community agencies, such as an immigrant serving agency or legal aid, in a city or area of choice of the claimant, immediately after eligibility has been determined.

Working Group