Inland Protection

that the CCR advocate that those deported claimants that have subsequently been referred back to the RPD by the Federal Court or the RAD be brought back to Canada for re-examination by the RPD.

that the CCR:

1. Urge Canada to ratify the American Convention on Human Rights;
2. Invite the Network on International Human Rights to hold discussions with a view to increasing awareness of the functioning of the OAS human rights system and thereby encouraging such ratification.

 that the CCR:

1. Call upon the Parliament and Government of Canada forthwith to incorporate all the above United Nations Covenants and Conventions into Canadian law, and in particular into the Immigration Act and Regulations, directing all Canadian civil servants and courts to enforce them;
2. Write to the Ministers of Justice and of Citizenship and Immigration and the chair of the parliamentary committee on Human Rights and Disabled Persons advising them of the problem and urging them to establish a mechanism to monitor Canada's compliance with its international human rights treaty obligations and to make an annual report to parliament (such a report to include such matters as the status of international cases submitted from Canada and any legislative or other measures taken);
3. Request all Chief Justices to organize training sessions for judges on the interpretation and application of Canada's international human rights treaties, with international participation.

that 

1. The CCR seek a dialogue with the appropriate representatives of the indigenous peoples of this land in order to consider collaboration with them for the purpose of ensuring that indigenous peoples and uprooted peoples both benefit fully from the United Nations human rights covenants and conventions;
2. The Working Group on Protection invite volunteers to establish a subcommittee to pursue this resolution.

that the CCR write immediately to the B.C. Minister of Social Services, Joy Macphail, to demand the immediate repeal of these regulations and to remind her of:

1. Canada's international obligations to refugee claimants;
2. The length of time rejected refugee claimants remain in Canada prior to deportation;
3. The social and economic plight of newly arrived refugee claimants.

that the CCR call on Citizenship and Immigration Canada to:

1. Establish a joint committee to review procedures on the taking of Port of Entry notes and their use by the IRB;
2. Cease asking questions about the basis of the refugee claim;
3. Give officers a code of conduct, guidelines and training to ensure that the claimant is treated with respect during the interview;
4. Indicate in the guidelines that nothing is to be said or done that would cast aspersions on the merits of the claim or might discourage the claimant from making the claim;
5. Allow the presence of lawyers or other support persons such as family, friends or NGOs where their presence would not unduly delay the interview;
6. Provide copies of the interview notes to the claimant at the end of the interview and where possible record the interview;
7. Institute an accessible, transparent and accountable complaints procedure.

that the CCR, in addition to other previously adopted recommendations:

1. Call on the Department to:
   • Establish accountability mechanisms, including civilian oversight or an ombudsman, for the Enforcement Branch of the Immigration Department;
   • Protect the deportee's identity vis-a-vis the country to which they are being deported;
   • Respect the principle of family unity by ordering that removals never be effected when the removal would lead to family separation;
2. Endorse the following recommendations of the assessment of the CIC-RCMP task force, dated May 25, 1995:
   • that the Department develop a Code of Conduct and Discipline for investigators;
   • that the Department undertake a pro-active recruiting campaign to attract women and visible minorities to the enforcement function;
   • that the Department design and implement a community based approach to the issue of illegal immigration;
   • that all persons employed in the enforcement function receive cross cultural training.

that the CCR:

1. Oppose refugee claims being determined at any stage by way of administrative process;
2. Support the proposition that refugee claims should be determined by the IRB, an independent quasi-judicial body;
3. Support the proposition that decisions about humanitarian and compassionate claims and risk assessment should be made after a determination of a person's refugee claim;
4. Support the proposition that the IRB is the best available body to make the initial decision about the risks a person may face should that person be removed from Canada or to deal with a re-opening for changes of conditions.

that the CCR:

1. Endorse the report in principle;
2. Call on the government to respond immediately to the concerns raised in the report;
3. In particular endorse and call for swift action on the following recommendations:

R1.Spouses and dependent children of refugees in Canada should be granted a “derivative status” immediately upon positive determination of the refugee claim, on the basis of which they could proceed to Canada.  All processing of their permanent residence applications, including medical examinations, would be conducted in Canada, in parallel with the refugee's application.

R6.As a matter of principle, the benefit of the doubt with respect to family relationship should be given to refugees applying to sponsor their families.  Visa officers should be encouraged to use flexibility in assessing evidence of relationships and should take into account the delays and costs involved in requesting further proofs.

R14.Where spouse and children of a refugee claimant in Canada are themselves clearly in need of protection, they should not have to wait until the refugee claim is determined and the applications for permanent residence can be processed.  In such cases, visa officers should be directed to issue visas allowing the family to travel to Canada on an urgent basis.

R15.Where children of a refugee or refugee claimant in Canada are without adult care-giver, visa officers should be directed to take a proactive approach to ensure that the children have proper adult protection.  Where such protection is not available, arrangements should be made for them to join the parent in Canada without delay.

R16.Where women in need of protection in third countries have a clear connection to Canada and are likely to benefit by being united with real or de facto family members in Canada, they should be granted asylum in Canada.

R18.Additional visa post resources should be devoted to Africa.  This should be done by reallocating existing resources from regions with relatively light workloads.

R19.Serious consideration should be given to sending “flying teams” of visa officers on a temporary basis to areas where there is a need for additional resources.

R20.For refugees, eligibility of a child for landing based on the 19 year age limit should be determined as of the date of filing of the refugee claim by the parent in Canada, where the child is identified in the parent claimant's PIF.

R23.The present 19 year age limit for dependent children should be treated as a rebuttable presumption rather than an absolute limit.  Where it can be demonstrated that an unmarried child over the age of 19 is dependent on a Convention refugee in Canada, such child should be eligible to be included on the refugee's landing application.

R27.Children who are de facto members of a family unit that is applying for landing in Canada should be included in the family unit notwithstanding that such child may not have been legally adopted by the family.  A de facto adopted child should not be permitted subsequently to sponsor his or her natural parents for landing as members of the family class  (except where the natural parents who have been presumed dead are subsequently located and wish to be reunited with their child.)

R29.The special programs should be revived and updated to allow refugees in Canada to sponsor members of their extended family who find themselves in desperate situations.

R31.The government should take measures to ensure that family reunification for refugees is not obstructed or delayed by the existence of the various fees for landing.

R32.The government should give priority to finding some resolution for the thousands of refugees unable to be landed for lack of satisfactory identity documents.

1.  Urge its members to study and endorse the report and raise its recommendations in correspondence with the government.

That the CCR call on Government of Canada to bring to both the Sub-Committee of the Whole on International Protection and the "friends of the rapporteur" a request that non-governmental organizations be allowed to be present and to participate in the workings of both these committees.