Inland Protection

Deportation to the US of persons from countries to which Canada does not deport

Resolution number
17
Whereas
  1. Canada has suspended deportations to Algeria, Democratic Republic of Congo (ex-Zaire), Afghanistan, Rwanda, & Burundi;
  2. CIC does not consider this policy to cover removals to third countries, principally the United States;
  3. A significant numbers of claimants arrive at Canadian border points via the United States, often as a result of Canadian interdiction practices;
  4. A growing number of refused refugee claimants face an imminent danger of being removed to the United States, a country which at present has no suspension of deportations to the above-named countries;
  5. The CCR has written several times to the Minister of Citizenship and Immigration Canada, in the spring and summer of 1998, asking her to suspend removals of these individuals to the United States;
  6. CIC has to date maintained its policy;
Therefore be it resolved

That the CCR:

  1. Continue to energetically oppose, by all means possible, the implementation of this policy;
  2. Prepare a letter and information kit which CCR members can use to lobby their M.P.s, and to mobilize support from other organizations involved in human rights work.
Working Group

IRB nominations process

Resolution number
16
Whereas

The nomination process and the renewal of mandates at the IRB do not have the confidence of the legal and human rights communities;

Therefore be it resolved

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.
Working Group
Subject

Video-conference hearings

Resolution number
15
Whereas
  1. The Immigration and Refugee Board has begun to conduct refugee hearings using video-conferencing whereby IRB members in one city conduct hearings on claimants in another city;
  2. The IRB has done no analysis of the impact of such video-conference hearings on the ability of claimants to have a fair hearing;
  3. The use of video-conference hearings is contrary to the IRB's own stated policy of making the setting of refugee claims less intimidating and less formal;
  4. The use of video-conferencing for refugee hearings is a denial of due process to refugee claimants;
  5. Videoconferencing is also being used in detention reviews, similarly compromising the rights of detainees to a fair hearing;
Therefore be it resolved

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.

Working Group
Subject

Immigration and refugee board - CRDD

Resolution number
14
Whereas
  1. The CCR is concerned that the drive for efficiency at the CRDD is resulting in the denial of the right of claimants to full and fair hearings;
  2. The CCR is concerned about allegations of bias by members at the CRDD in their rendering of decisions in claims based on sexual orientation;
  3. The CCR is concerned that the inability of lawyers to obtain conventional tape recordings of CRDD hearings is placing obstacles in the way of a claimant's right and a lawyer's ability to apply properly for leave to commence judicial review proceedings at the federal court;
  4. The CCR is concerned about the misconduct by RCOs during refugee claim hearings;
Therefore be it resolved

That the CCR write to the chairperson of the IRB to express our concerns and request action on the above issues.

Working Group

National security assessments

Resolution number
13
Whereas
  1. The CCR supports the right of the Canadian government to deny refuge to people who have committed crimes against humanity and to others who pose serious national security threats, except where refoulement is in contravention of the Convention Against Torture or where there will be a risk of capital punishment;
  2. It is the right and duty of the state to ensure that a just system for identifying such persons is in place;
  3. The definitions in the Immigration Act relating to inadmissibility on the basis of security are over-broad;
  4. Decisions regarding security inadmissibility are made without respecting the due process rights of those affected;
  5. There is no time limit within which a decision may be made, leading to indefinite delays for some of those affected;
Therefore be it resolved

That the CCR call on the Canadian Government to:

  1. Introduce a system for identifying potential security risks with:

    a)a right to a hearing before an independent decision-maker for those alleged to be inadmissible on security grounds;

    b)protection of due process rights;

    c)an obligation to render a decision within a fixed time frame;

  2. Amend the Immigration Act to give a more precise definition of security risk.
Working Group

PIF disclosure

Resolution number
15
Whereas
  1. Various panels of the Refugee Division of the Immigration and Refugee Board have produced personal information forms and filed them in evidence in the hearings of other claims;
  2. The new personal information form asks claimants to provide reasons why their claims should not be disclosed in the hearings of other claims;
  3. The Refugee Division of the Immigration and Refugee Board has proposed new rules for the Division which would allow disclosure of personal information forms in the hearings of other claims;
  4. Disclosure of personal information forms in the hearings of other claims turns the forms from confidential documents to public documents;
  5. Requiring refugee claims to be made in public is antithetical to refugee protection;
Therefore be it resolved

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.
Working Group
Subject

IRB - expanded mandate

Resolution number
14
Whereas
  1. The Minister of Citizenship and Immigration has proposed in a white paper that the mandate of the Immigration and Refugee Board be expanded to include adjudication on whether persons face risks in returning to their countries of nationality other than those risks covered by the Refugee Convention;
  2. It has been announced that Citizenship and Immigration Canada will soon be drafting legislation to embody the above mentioned proposal;
Therefore be it resolved

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.
Working Group
Subject

Protecting stateless persons

Resolution number
13
Whereas
  1. Stateless people have been and are currently detained and/or deported by Canada to go into orbit, or detention or limbo elsewhere;
  2. There is a 1954 Convention relating to the Status of Stateless Persons to protect such persons, which the UN High Commission for Refugees is promoting but which Canada has not ratified;
Therefore be it resolved

That the CCR urge the government of Canada to:

  1. Develop an internal mechanism to protect stateless persons;
  2. In the meantime, release stateless persons from detention and process them through humanitarian and compassionate review;
  3. Ratify the 1954 Convention relating to the Status of Stateless Persons;
  4. Promote the ratification of the Convention by other states.
Working Group
Subject

Bill S-8

Resolution number
14
Whereas
  1. Bill S-8, recently introduced as a private member's bill in the Senate, would amend the Immigration Act to give powers to interdict ships and their passengers;
  2. The measures proposed in the bill would seriously undermine refugee protection and put Canada at risk of violating its international human rights obligations;
  3. The bill promotes prejudicial treatment of refugees;
Therefore be it resolved

That the CCR oppose Bill S-8 through letters to appropriate officials and publicly presenting its position.

Working Group

Suspension of removals: Angola and the Republic of Congo (Brazzaville)

Resolution number
13
Whereas
  1. There has been a serious increase in generalized violence and civil unrest in Angola and the Republic of Congo (Brazzaville);
  2. A number of individuals are in imminent danger of removal to these countries;
  3. Several representations have already been made to the Minister of Citizenship and Immigration to suspend removals to Angola and the Republic of Congo (Brazzaville);
  4. The Advisory Committee on Country Conditions for Removal has not met since February 1997;
Therefore be it resolved

That the CCR urge the Minister of Citizenship and Immigration to use her discretion to immediately suspend removals to Angola and the Republic of Congo (Brazzaville).

 
Working Group