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Inland Protection

Interdiction and airlines

Resolution number
9
Whereas
  1. The CCR opposes interdiction and has affirmed in Resolution 13 of May 93 and in the report of a task force published in May 1998 and entitled Interdicting Refugees its commitment to the right to seek asylum in Canada, but notes that the practice of interdiction continues;
  2. The International Air Transport Association Control Authority Working Group Code of Conduct for Immigration Liaison Officers of October 1998 provides that Liaison Officers should direct requests for asylum to the office of the UNHCR or to the appropriate diplomatic mission (paragraph 2.3);
  3. Interception of refugee claimants en route to Canada is normally effected by airline staff or subcontracted security firms who are not subject to the code of conduct and not by governmental Liaison Officers;
Therefore be it resolved

That the CCR ask all airlines with offices in Canada transporting passengers to Canada to adopt a code of conduct for their airline staff, the staff of any allied airlines acting as their agents, and subcontracted security firms effecting interceptions which would provide that intercepting employees provide information to every person intercepted about:

a) the refugee claim procedure in the country of interception.

b) the local office of the UNHCR.

c) the diplomatic mission of the country of destination in the country of interception.

d) local non-governmental organizations that could assist the person in making a refugee claim.

Working Group
Inland Protection

Jubilee from CIC

Resolution number
8
Whereas
  1. In the past when the immigration system has undergone a substantial change the government has allowed those caught up in the older system to receive landing under relaxed criteria;
  2. There are a substantial number of protection claimants caught up at various stages in the present immigration system;
  3. The Canadian Government is proposing a complete overhaul of the present system through Bill C-11;
  4. It is undesirable to burden the new immigration system with a substantial caseload from the old system;
Therefore be it resolved

That the CCR ask the Government of Canada, as part of the implementation of Bill C-11:

  1. To allow all those caught up in the present protection determination system at its various stages to apply for landing in Canada under relaxed criteria;
  2. That all decisions in response to these landing applications be made forthwith.
Working Group
Inland Protection

Exclusion clause guidelines

Resolution number
7
Whereas
  1. The UNHCR exclusion clause guidelines of December 1996 provide that:
    a) in principle, the applicability of the exclusion clauses should be considered only after the adjudicator is satisfied that the individual fulfils the criteria for refugee status (guidelines 9).
    b) an assessment of a claim requires that the nature of the crime and the claimant’s role in it be weighed against the gravity of the persecution feared (guideline 9).
    c) the exclusion clauses need to be interpreted restrictively (guideline 8);
  2. The Federal Court has said that:
    a) it is not legally necessary to decide inclusion before exclusion, but it is desirable to do so.
    b) the refugee definition does not require that the gravity of the crime be balanced against the gravity of the persecution feared.
    c) the Board must be extremely cautious in its application of the exclusion clauses, but also that the standard of proof is less than the balance of probabilities;
  3. The Immigration Act gives the Chairperson of the Immigration and Refugee Board power to issue guidelines to the Board;
Therefore be it resolved

That the CCR ask the Chairperson of the Immigration and Refugee Board to issue guidelines to its Refugee Division on the exclusion clauses that would include the principles that:

  1. Inclusion should precede exclusion;
  2. The gravity of the offence should be balanced against the gravity of the persecution feared;
  3. The standard of proof should be higher than a balance of probabilities.
Working Group
Inland Protection
Subject
IRB

Data collection and sharing

Resolution number
33
Whereas
  1. CIC officials frequently acknowledge that the Department does not adequately collect and report statistical data on its programs;
  2. There has been an increase in detentions since September 11, 2001, and accurate data has been impossible to obtain to date;
  3. The CCR, the Centre for Refugee Studies, the Maytree Foundation and independent consultants hired by the Immigration Department have attempted repeatedly to obtain data from CIC on the population of refugees in limbo and have been unsuccessful;
  4. Bill C-11 will shortly come into effect and will have a significant impact on detention, refugee determination and the landing process;
  5. Collection and analysis of data are key components of good public policy and democratic accountability;
Therefore be it resolved

That the CCR call on the Minister of Citizenship and Immigration to:

  1. Develop, in consultation with the CCR, a process for the regular and timely collection and reporting on issues including:
    a) Detention of refugee claimants;
    b) Eligibility determinations and suspensions for eligibility;
    c) Refugees in limbo due to security and identity issues;
  2. Report these statistics to the CCR and the UNHCR by number, length of time, country of origin, gender, age and region in Canada.
  3. Ensure that high standards of confidentiality are respected.
Working Group
Inland Protection

Anti-terrorism legislation

Resolution number
32
Whereas
  1. Violations of human rights are among the causes of refugee flows in the world;
  2. Promotion of human rights is one of the few tools to prevent refugee flows;
  3. Anti-terrorism legislation in several Western countries including Canada compromises the established emergency basis for limiting human rights in international human rights law;
Therefore be it resolved

That the CCR oppose the anti-terrorism legislationC-36 and C-42 because of the negative effects that it has had and will have on refugees and immigrants.

Working Group
Inland Protection

Against profiling based on identity

Resolution number
31
Whereas
  1. Security concerns now require more intensive examinations of travellers at borders;
  2. Profiling based on identity has been used in the past;
  3. Profiling based on identity is highly demeaning for those involved and discriminatory;
  4. A serious public concern warrants the necessary costs and a broader sharing of the inconveniences;
Therefore be it resolved

That the CCR urge the government of Canada not to use profiling based on identity for border examinations and to ensure on-discrimination, by, if necessary, examining whole travelling populations.

Working Group
Inland Protection

Detention

Resolution number
30
Whereas
  1. A number of resolutions, especially Res. 35, June 1994, have raised problems of accountability of immigration officials who abuse the rights of non-citizens in detention;
  2. These problems persist;
Therefore be it resolved

That the CCR renew its request for the urgent establishment of an independent ombudsperson’s office, for complaints about Immigration practices, especially on detention issues.

Working Group
Inland Protection
Subject
Detention

Training and terms of reference for CIC officers

Resolution number
29
Whereas
  1. There are expanded grounds for inadmissibility that will impact on eligibility to make a refugee claim in Bill C-11;
  2. Eligibility decisions will be made during front-end processing by CIC officers many of whom will be newly recruited employees to meet the enhanced resource needs under the new bill;
  3. There have been previous resolutions calling on CIC to provide training and to invite NGO participation in the training of their staff;
Therefore be it resolved

That the CCR:

  1. Call on CIC to ensure that appropriate and regular training and orientation are provided to officers including clearly defined guidelines and terms of reference for decision making, sensitivity training specific to gender, race, LGBT, children and victims of torture;
  2. Request CIC to access community and NGO expertise in the provision of the training;
  3. Request CIC for an accountability framework for eligibility decisions.
Working Group
Inland Protection

Gender-based analysis

Resolution number
28
Whereas
  1. The Gender Based Analysis Unit of CIC has completed a gender based analysis of C-11;
  2. The analysis has identified areas of potential negative gender impacts;
  3. Bill C-11 requires gender-based reporting to Parliament;
Therefore be it resolved

That the CCR:

  1. Call on CIC to post the full text of the gender based analysis of Bill C-11, the Immigration and Refugee Protection Act, on their website;
  2. Request CIC to ensure that the action items identified in the analysis document are implemented;
  3. Request CIC to ensure that the Gender Based Analysis Unit of CIC is provided with adequate resources to carry out the research, data collection and monitoring functions of the unit.
Working Group
Inland Protection
Subject
Gender

Canadian sovereignty and US security

Resolution number
27
Whereas
  1. There are currently negotiations and policy discussions on adopting common security arrangements with the USA;
  2. Canada has a tradition of supporting international law and fundamental human rights (and this tradition may be abandoned in the current context).
Therefore be it resolved

That the CCR:

  1. Oppose the creation of a common security perimeter and policy with the United States;
  2. Re-iterate to the Canadian government our support for respecting the fundamental rights of refugees and migrants in accordance with international law and our international human rights obligations without discrimination;
  3. Ask the Canadian government to fully protect Canadian sovereignty in immigration and refugee matters and ensure access for all refugee claimants to the Canadian refugee determination system.
Working Group
Inland Protection
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