Inland Protection

Backlash against Muslim and Arab communities

Resolution number
13
Whereas
  1. People of Arab descent and Muslims of various ethnicities are experiencing being the target of increased discrimination, harassment and racialization following the events of September 11, 2001;
  2. Many such victims are reticent out of fear of making public such targeting;
  3. There is a need to broaden public awareness of what is happening in our communities concerning this targeting;
Therefore be it resolved

That the CCR identify and promote existing materials and work with other groups in facilitating the development of an educational component for public awareness, including the possibility of producing a video, focusing on post September 11 targeting and profiling of Arabs and Muslims in our communities.

Working Group
Inland Protection
Subject
Public education

Extensions for filing PIFs and abandonments

Resolution number
12
Whereas
  1. The IRB is denying extensions of time for filing PIFs and where extensions are granted they are for 1-2 weeks maximum;
  2. This does not allow for difficulties claimants experience when they:
    a)are detained; b)require translation (language issues);
    c)require an experienced counsel (e.g. gender, sexual orientation);
    d)face delays in obtaining legal aid;
    e)reside in smaller centres with no easy access to counsel;
    f)are survivors of torture and trauma;
  3. The IRB is declaring abandonment even where a claimant has produced a PIF and has a reasonable explanation for the delay;
Therefore be it resolved

That the CCR:

  1. Ask the Chairperson of the IRB to issue a directive to allow for longer (1 month or more) extensions for filing of PIFs;
  2. Ask the IRB Chairperson to issue a directive that cases not be declared abandoned if the PIF is filed in advance of or at an abandonment hearing.
Working Group
Inland Protection
Subject
IRB
Mental health

LGBT claimant issues

Resolution number
11
Whereas
  1. The CCR passed a resolution in November 1994 on guidelines and education on sexual orientation for the IRB (Res. 16);
  2. There continues to be a lack of familiarity and sensitivity to lesbian, gay, bisexual, transgender/transsexual (LGBT) issues and realities amongst some members of the IRB, RPOs and CIC employees as well as a continuing attitude of homophobia and heterosexism;
  3. Members are using the existence of LGBT organizations in the country of origin as evidence of acceptance in the country of origin;
  4. Members are using tourist promotional materials directed at LGBT North American communities as evidence of acceptance;
  5. Members incorrectly assume that there are no human rights abuses and therefore consider there is evidence of acceptance, in situations where both Amnesty International and Human Rights Watch are silent on specific countries;
  6. Some members state that claimants will experience no problems if they behave in a discreet manner in their country of origin;
Therefore be it resolved

That the CCR:

  1. Write to the Chairperson of the IRB requesting the development and implementation of guidelines for sexual orientation claims and that the guidelines be developed in consultation with the CCR and LGBT organizations;
  2. Request the IRB and CIC to provide ongoing sensitivity training on LGBT issues and realities for members, RPOs and CIC employees.
Working Group
Inland Protection
Subject
LGBT

Children and access to education

Resolution number
30
Whereas
  1. The UN Committee on the Rights of the Child has noted with concern in its recent report on Canada that children are being excluded from schools in Canada because of their lack of immigration status;
  2. It is the policy of the CCR that all minor children residing in Canada have the right to attend school regardless of their immigration status;
  3. Education of children is a matter of the exclusive jurisdiction of the provincial governments under the Canadian constitution;
  4. The exception set out in section 30(2) of IRPA has the effect, due to its ambiguity, of excluding from school many children who are not visitors;
Therefore be it resolved

That the CCR:

  1. Urge the Minister of Citizenship and Immigration to amend section 30(2) omitting the exception.
  2. Contact all the provincial Ministers of Education and urge them to ensure that all minor children are admitted to schools in Canada free of charge without regard to their immigration status.
  3. Work with local groups such as the Education Rights Task Force in Ontario to develop strategies to ensure that all minor children have free access to education everywhere in Canada regardless of their immigration status.
Working Group
Inland Protection
Subject
Education
Children

Best interests of the child and deportation of a parent

Resolution number
29
Whereas
  1. The UN Committee on the Rights of the Child has noted with concern in its recent report on Canada that the "best interests" principle as a primary consideration in all decisions affecting children is not being observed by administrative and judicial authorities in many areas, including in decisions on deportation;
  2. The CCR adopted a resolution in November 2002 calling for guidelines on the best interests of the child;
Therefore be it resolved

That the CCR call upon the Minister of Citizenship and Immigration to develop guidelines for his officers to ensure that the best interests of children affected by a deportation decision are given "primary consideration" as required by the UN Convention on the Rights of the Child and that, for greater certainty, on public policy grounds, there is a presumption that deportation of the parent of a minor child in Canada would not be in the child's best interest.

Working Group
Inland Protection
Subject
Removals

Family reunification for children with protected person status

Resolution number
28
Whereas
  1. The reunification of families continues to be a serious problem for refugees in Canada;
  2. No financial support requirement need be satisfied in the resettlement of protected persons;
  3. Under the Immigration and Refugee Protection Regulations, children who are granted "protected person" status in Canada are not permitted to include their parents and siblings, either abroad or in Canada, in their applications to be landed as "protected persons";
Therefore be it resolved

That the CCR call upon the Minister of Citizenship and Immigration to amend the Regulations [R. 1(3)] so that "family member" of a "protected person" includes the parent and siblings of a "protected person" who is a minor.

Working Group
Inland Protection
Subject
Family reunification
Children

Refugee claims by children and the Hague convention

Resolution number
27
Whereas

Recent family court decisions in B.C. and Ontario have provided that a child who comes under the jurisdiction of the Hague Convention and who is a refugee claimant in Canada could be returned to the country where she fears persecution prior to a determination of the refugee claim;

Therefore be it resolved

That the CCR work with the UNHCR and with the UN committee that monitors the Hague Convention and with the Departments of Justice of the provinces which are parties to the Hague Convention to ensure that these two international covenants are applied in a manner that does not interfere with a child's right to have a refugee claim determined and not to be refouled to a country where she has a well-founded fear of persecution.

Working Group
Inland Protection
Subject
Children
Human rights treaties

DNA and evidence of parent-child relationship

Resolution number
26
Whereas

The definition of "dependent child" in IRPA, restricting "dependent child" to "biological" or "adopted child" may result in greater recourse to DNA testing, which is intrusive and possibly harmful to the best interest of children;

Therefore be it resolved

That the CCR call upon the Minister of Citizenship and Immigration to develop guidelines for immigration and visa officers to accept uncontradicted affidavit evidence by parents and third parties as evidence of relationship in the absence of birth certificates, before requesting DNA testing.

Working Group
Inland Protection
Subject
Family reunification

Protection of Canadian citizens overseas

Resolution number
25
Whereas
  1. There is disturbing news of attacks against the fundamental rights of Canadian citizens overseas;
  2. Canadian citizens overseas have experienced severe torture (the cases of Mr Arar and Mr Sampson) and even death under torture (the case of Ms Zahra Kazemi);
  3. The US authorities have returned a naturalized Canadian citizen to his country of origin where he was interrogated and tortured;
  4. There are shocking reports about inadequate support from the Canadian government to Canadians detained overseas and even, in the case of Arar, indications of collaboration between the RCMP and CSIS on the one hand and the US and Syrian authorities on the other;
  5. Visible minorities and Canadian citizens with refugee backgrounds are the main victims of such abhorrent practices;
  6. Survivors have demanded a full public inquiry into their tragic experiences;
Therefore be it resolved

That the CCR:

  1. Ask the Government of Canada to accept requests from survivors or the families of victims for a full independent public inquiry into their cases and the conditions surrounding their arrest, removal to torture and the role of the Canadian officials.
  2. Urge the US government to make a similar public inquiry into the cases of Canadian citizens returned to torture.
  3. Request that the Canadian public inquiry have the utmost transparency with the aim of shedding light on the role of Canadian officials in protecting Canadian citizens and verifying the methods of torture used against our fellow-citizens overseas and on the role of other governments in subjecting Canadians to torture or other cruel and unusual treatment.
  4. Promote Canada's working towards the non-derogable right of every human person not to be sent to torture.
  5. Urge that, even in extreme cases of security suspicion, Canadian citizens overseas be returned to Canada for further investigation and possible prosecution rather than sent to torture.
  6. Appeal to the Canadian government to play an effective role in rehabilitation, redress and compensation in the cases of Canadian citizens who have been tortured overseas.
  7. Petition the Government of Canada to take all necessary steps to maintain Canadian global leadership in the exposure, prevention and eradication of torture and the need for its absolute prohibition.
  8. Ask the Government of Canada to take immediate diplomatic, economic and political action against governments that have tortured and will torture Canadian citizens or send them to torture.
  9. Solicit the Government of Canada to use regional and intergovernmental agencies, where possible, such as the Inter-American Commission on Human Rights, the UN Committee Against Torture and the UN Committee on Human Rights to object to the treatment of Canadian citizens overseas.
  10. Encourage the Canadian Government to take immediate action to intervene in the cases of all Canadians who are languishing in overseas jails and are subjected to torture and other cruel, inhuman and degrading treatment or punishment.
Working Group
Inland Protection
Subject
Citizenship

Processing fees

Resolution number
24
Whereas
  1. All protected persons, including children, applying as principal applicants for permanent residents must pay the $550 processing fee within180 days;
  2. This $550 fee is a significant and sometimes insurmountable barrier for many protected persons;
  3. In 1994 the CCR adopted a resolution condemning all cost-recovery fees for landing applications for refugees and their dependants;
Therefore be it resolved

That the CCR ask that the regulations be amended to waive the processing fee for all protected persons in Canada, consistent with the waiver of this fee for overseas protected persons.

Working Group
Inland Protection
Subject
Permanent residence
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