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Inland Protection

Gender based analysis accountability

Resolution number
24
Whereas
  1. GBA of the impact of IRPA is mandated through legislation;
  2. A report of the Gender impacts will be included in the Minister's annual report each year;
Therefore be it resolved

That the CCR request the Minister of Citizenship and Immigration to commit adequate resources and priority to monitoring the gender impacts of IRPA and to change policies where negative differential impacts on women are identified.

Working Group
Subject

Gender-based claims and the PRRA

Resolution number
23
Whereas
  1. Gender claims can take time to emerge , especially if the agent of persecution is a family member or the principal applicant, and the woman's claim was not heard;
  2. The PRRA could be one remedy for a gender-based claim that was not previously heard;
Therefore be it resolved

That the CCR call upon CIC:

  1. To accept at the PRRA level, claims based on gender, including severed claims, as "new evidence" to be considered.
  2. To designate specific gender experts as PRRA officers in each region.
  3. To ensure that all PRRA officers receive ongoing gender based training including relevant case examples.
Working Group
Subject

Mental health

Resolution number
22
Whereas
  1. In 1994, CCR passed a resolution urging the implementation of the recommendations outlined in "After the Door Has Been Opened" in regard to the mental health of refugee and immigrants;
  2. There has been no documented implementation or follow-up on the recommendations;
  3. There are limited and restricting resources for mental health services under the Interim Federal Health Program;
Therefore be it resolved

That the CCR:

  1. Request the development of a joint task group made up of CCR, CIC, Health Canada and relevant Québec ministries to investigate the outcome of the report's recommendations with an intent to re-evaluate the current status of mental health programming for refugees and immigrants and develop a national implementation strategy;
  2. Request that CIC, Health Canada and their Québec counterparts provide the resources to facilitate the consultation processes;
  3. Put in place measures to ensure broad representation of all stakeholders i.e. mental health practitioners, refugees and settlement providers;
  4. Request that as an interim measure, CIC ensure that resources are provided to the Interim Federal Health Program to provide for both short and long-term mental health services and that it be applied consistently across Canada.
Working Group

Voluntary return

Resolution number
21
Whereas
  1. Unsuccessful refugee claimants who have exhausted all remedies in Canada may be interested in voluntary return to their countries;
  2. Such unsuccessful refugee claimants have a need for informed and independent counselling about the pros and cons of such a decision;
  3. In some European countries, NGOs have developed programs to provide counselling for those unsuccessful claimants who are considering voluntary return, including partial return of taxes or pension contributions and establishment money;
  4. CIC has began to pilot voluntary return programs and those subject to such programs receive no counselling on their rights and options except from CIC officials and no assistance except for the cost of airfare in some cases;
Therefore be it resolved

That the CCR:

  1. Support the proposition that NGOs have a role to play in the provision of counselling for unsuccessful refugee claimants as to the consequence of voluntarily returning to their countries.
  2. Form a committee to study the issue of voluntary return of refugees and to report on possible models of providing counselling and assistance to unsuccessful refugee claimants.
  3. The above committee in preparing its report consult with potential partners in the provision of such counselling such as, but not limited to, UNHCR, IOM, Amnesty International, and CIC.
Working Group

Algerian agreement and procedures for other countries to which Canada does not deport

Resolution number
20
Whereas
  1. The CCR has passed several resolutions outlining its views about the treatment of persons from countries to which Canada does not deport;
  2. There is a growing number of people who have been in Canada for many years without any clear prospect for resolving their situations, since humanitarian and compassionated guidelines doe not deal explicitly with their cases;
  3. The Minister of Citizenship and Immigration, Denis Coderre, lifted the suspension of removals to Algeria on April 5, 2002, without any plan as to the disposition of those cases especially for those people who have been in Canada for over three years;
  4. There is now a special procedure for Algerians, including an examination of their integration process by Quebec Immigration (MRCI) for persons in Quebec;
  5. There are unanswered questions as to the examination of other humanitarian considerations, particularly marriages and ‘the best interests of the child';
Therefore be it resolved

That the CCR:

  1. Reiterate its support to the Comité d'action des sans statut (Res. 15, December 2001);
  2. Call on CIC to immediately clarify the process for this special procedure for Algerians, especially for those people outside Quebec;
  3. Call on CIC after consultations with NGO and community groups to develop written procedures, which would apply every time the suspension of deportations to a particular country is lifted.
Working Group
Subject

Separated children

Resolution number
19
Whereas
  1. The questions around the care and protection of separated children arriving in Canada are a growing concern;
  2. The CCR contributed to the preparation of the ‘Best Practices' document developed by the Focal Point on Separated Children in the Americas, a project of the International Bureau on Children's Rights;
  3. The Focal Point on Separated Children in the Americas has asked for endorsement by organizations;
Therefore be it resolved

That the CCR endorse this Best Practices document by the Focal Point on Separated Children in the Americas, and encourage member organizations to do the same.

 
Working Group
Subject

Best interests of the child

Resolution number
18
Whereas
  1. International human rights instruments which Canada has signed require that children's best interests be given priority consideration;
  2. A number of recent decisions by H and C and PRRA officers seem to indicate that full consideration of the best interests of the child is not being applied;
  3. There are no written guidelines to follow for CIC officers when assessing the best interests of the child, and the new IP5 manual does not deal satisfactorily with this issue:
Therefore be it resolved

That the CCR urge the Minister of Citizenship and Immigration that written guidelines on the best interests of the child to be used by CIC officers within Canada and abroad, be developed in consultation with the CCR and other organizations promoting the rights of children.

Working Group
Subject

Fair removal process

Resolution number
17
Whereas
  1. The IRPA eliminates the right to a hearing before the IRB for anyone who is sentenced to two years or more in jail for a crime committed in Canada, regardless of his or her personal circumstances;
  2. The diversity of circumstances of those affected by this provision encompasses cases where compassion and equity should be extended;
Therefore be it resolved

That the CCR:

  1. Solicit statements and submissions from those affected by this policy both through member agencies and the community at large;
  2. Advocate for the creation of an equitable power in a decision-maker independent of CIC to make a determination as to the propriety of removal from Canada of refugees and permanent residents.
Working Group
Subject

United States: Safe Third Country

Resolution number
16
Whereas
  1. Canada is proposing to implement the Safe Third Country Agreement;
  2. The USA is involved in regional conflicts e.g. Plan Colombia, Andean Initiatives, and Middle East conflicts which create internally displaced persons and asylum seekers;
  3. CCR recognizes that US asylum procedures may be prejudicial and/or biased towards asylum seekers from countries that have significant US involvement in those countries' conflicts;
Therefore be it resolved

That the CCR ask the Canadian Government to exempt all asylum seekers from such countries from being sent back to the United States under the Safe Third Country Agreement.

 
Working Group

Separated children national policy

Resolution number
14
Whereas
  1. The CCR passed a resolution to endorse the "Best Practice" Statement developed by the Focal Point on Separated Children (Res. 19, Nov. 2002);
  2. There has yet to be a national policy developed on separated children;
  3. There is no consistent definition of the term "separated children";
  4. Practices differ widely across the country;
Therefore be it resolved

That the CCR write to the Minister of Citizenship and Immigration requesting the implementation of a national policy that is consistent with the Best Practices statement, and that the policy be developed in consultation with the CCR, NGOs and the UNHCR.

Working Group
Subject