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Inland Protection

Child welfare survivors

Resolution number
1
Whereas
  1. The CCR is concerned about the deportations of Black and other racialized child welfare survivors;
  2. All agencies of the State have a duty to act in the best interests of the child in all actions affecting children;
  3. Child welfare agencies have an obligation to secure citizenship for those in their care;

 

Therefore be it resolved

that the CCR calls for:

  1. The immediate suspension of the enforcement of a removal order against any foreign national who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency or foster family, or in kinship care.
  2. An expedited pathway to permanent resident status through a public policy under s. 25.2 of the Immigration and Refugee Protection Act for any foreign national in Canada who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care.
  3. An expedited Temporary Resident Permit and accompanying work or study permit and for the waiving of any associated fees, for any foreign national in Canada who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care, where permanent resident status cannot immediately be granted.
  4. An amendment to the Citizenship Act to recognize as a citizen any foreign national who came to Canada as a child and spent any period of their childhood in the care of a child welfare agency, foster family or kinship care.

 

Working Group
Immigration and Settlement
Inland Protection
Subject
Children
Citizenship
Removals

Access to H&C

Resolution number
2
Whereas
  1. In the midst of the largest refugee crisis in history, conditions in countries of origin around the world are ever fluid and can change within a matter of days; 
  2. Conditions in countries of origin which may not amount to persecution may still place individuals in severe hardship (for example, climate-related catastrophes); 
  3. H&C applications are the only applications for permanent residence in Canada in which the best interests of the child must be taken into account;
  4. Canada has a legal obligation under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to provide effective remedies to ensure the respect of these rights;
  5. Persons who may face severe hardships in their countries of origin are barred from accessing H&C applications for one year following the final determination of their refugee claim; and
  6. Delays in processing of H&C applications are leading to more people, including families and children, being removed from Canada prior to consideration of the best interests of the child and other humanitarian and compassionate factors raised by their cases;
Therefore be it resolved

that the CCR call for people seeking protection in Canada to have access to humanitarian and compassionate considerations at any stage of their legal process following arrival in Canada, and in any event prior to removal.

Working Group
Inland Protection
Subject
H&C

Developing a National Framework for Unaccompanied Minors in Canada

Resolution number
2
Whereas
  1. There remain dangerous gaps in protection and support for unaccompanied and separated migrant and refugee claimant children entering Canada and moving through the refugee determination system and other immigration processes;
  2. There exists a lack of consistency between and within Provinces, Territories and regions in regards to the assessment, treatment, and available services and supports for unaccompanied and separated migrant, refugee claimant and refugee children;
  3. Canada still lacks clear and consistent guidelines and legislation to deal fairly with unaccompanied and separated migrant and refugee claimant children;
  4. Concerns have been repeatedly expressed by the United Nations Committee on the Rights of the Child in regards to the absence of a national policy on unaccompanied and separated migrant and refugee children in Canada, as well as a failure to distinguish between accompanied and unaccompanied children within Canada’s Immigration and Refugee Protection Act;
Therefore be it resolved

that the CCR: 

  1. Call on the federal government, in collaboration with provincial and territorial governments and NGOs, to establish a national framework for unaccompanied and separated migrant, refugee claimant and refugee children.
  2. Insist that Canada’s national framework for unaccompanied and separated migrant, refugee claimant and refugee children take into account the following:
    1. the development of appropriate legislation, policy, protocols and safeguards to ensure fair and compassionate treatment of unaccompanied and separated minors at all stages of their settlement in Canada;
    2. adequate access to services and supports in all areas critical to the minor’s settlement and wellbeing (including, but not limited to: access to safe housing, education, healthcare services, legal assistance, social welfare, basic needs supports and family reunification), and;
    3. that Canada’s national framework for unaccompanied and separated migrant, refugee claimant and refugee children is developed and implemented in accordance with the United Nations Convention on the Rights of the Child and the United Nations Guidelines for the Alternative Care of Children.
Working Group
Inland Protection
Subject
Children

Legal Aid

Resolution number
1
Whereas
  1. Access to legal aid in immigration related proceedings directly engages fundamental rights;
  2. Effective functioning of the justice system including the Immigration and Refugee Board requires that individuals are represented by skilled, competent legal professionals;
  3. In the absence of legal aid, vulnerable individuals will be denied access to representation;
  4. There are significant disparities in access to legal aid across the country;
Therefore be it resolved

that the CCR:

  1. Advocate on both the federal and provincial levels for adequate and sustainable legal aid services in immigration and refugee related areas;
  2. Advocate that federal transfers and provincial legal aid legislation include specific requirements for the delivery of immigration and refugee services.
Working Group
Inland Protection
Subject
IRB

Artificial Intelligence

Resolution number
2
Whereas
  1. The Canadian government has shown an interest in integrating artificial intelligence (AI) in decision-making in immigration and refugee matters;
  2. These far-reaching technologies may have a huge impact on the lives of refugees and immigrants;
Therefore be it resolved

that the CCR advocate with the Canadian government to ensure that:

  1. Any use of artificial intelligence which may be adopted by the Canadian government, including IRCC, CBSA and IRB, respect international and domestic human rights law and the Canadian Charter of Rights and Freedoms;
  2. The government provides transparency regarding current practices and future uses of AI, independent oversight mechanisms, and any new binding standards;
  3. The government consults with the CCR, civil society, academia, policy makers, advocates, and most importantly, affected groups before moving forward with any AI initiatives.
Working Group
Inland Protection

Climate change

Resolution number
3
Whereas
  1. Climate change is having an increasingly dramatic impact on forced migration;
  2. The Paris Agreement recognized the scientific and ethical imperative to mitigate climate change;
Therefore be it resolved

that the CCR create links with climate justice groups in order to develop a policy and advocate on climate justice issues in the context of uprootedness.

Working Group
Inland Protection

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

Interdiction of passengers with proper documentation

Resolution number
1
Whereas
  1. CBSA has acknowledged that it has provided recommendations to airlines that have resulted in the refusal to allow persons in Hungary to board flights to Canada on the alleged grounds of not possessing proper documentation to enter Canada;
  2. Hungary is a visa exempt country and the passengers in question possessed valid passports and no actual deficiency in their documents has been reported;
  3. The logical conclusion is that CBSA officials advised the airline that the persons in question were lying about their intentions to visit Canada temporarily, and were hiding an intention to remain permanently in Canada;
  4. CBSA’s recommendation was apparently based on the persons’ Roma ethnicity, which constitutes the use of racial profiling to prevent persons who have proper documentation from visiting Canada;
Therefore be it resolved

that CCR advocate that CBSA stop recommending to airlines that passengers who possess proper documentation be prevented from boarding planes to Canada.

Working Group
Inland Protection

Representation of Hungarian Roma

Resolution number
2
Whereas

A large number of Hungarian Roma have been so poorly represented by their lawyers that the law society sanctioned the lawyers;

Therefore be it resolved

that the CCR advocate that the refused claimants who were represented by these lawyers sanctioned by the Law Society be allowed to return to Canada with full access to the RAD.

Working Group
Inland Protection

Social media

Resolution number
4
Whereas
  1. Social media (including Facebook) are increasingly being used by CBSA and IRCC to investigate foreign nationals and/or permanent residents;
  2. There are serious concerns about how social media is used by these agencies.
Therefore be it resolved

that the CCR advocate with CBSA and IRCC to develop appropriate policy in collaboration with the CCR about the use of social media and to make these policies available to the public.

Working Group
Inland Protection
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