Inland Protection

Guidelines for conduct of hearings

Resolution number
23
Whereas
  1. The IRB has implemented new guidelines related to the conduct of hearings;
  2. Many of the provisions contained in these guidelines will result in a denial of refugee claimants' right to be heard and right to counsel;
  3. The IRB has implemented these guidelines in a clear attempt to increase the efficiency of the Board without consideration of the negative impact these guidelines will have on claimants' ability to get a fair hearing;
  4. The CCR has previously passed a resolution (15, Nov. 1998) on video-conferencing of refugee hearings;
Therefore be it resolved

That the CCR call upon the IRB to:

  1. Withdraw the requirement that the Refugee Protection Officer or Member examine a claimant prior to the claimant's counsel.
  2. Withdraw the ability of the IRB to schedule hearings without regard to counsel's calendars.
  3. Direct Members not to impose a video-conferencing hearing on a claimant in the face of a claimant's objection.
  4. Amend the guidelines to delete the direction to Board members to restrict the length and content of a claimant’s counsel’s submissions.
  5. Add clear guidelines on the treatment of vulnerable claimants in the Guidelines on the Conduct of Hearings.
Working Group
Subject

Change of venue

Resolution number
22
Whereas
  1. The Montreal Immigration and Refugee Board has been routinely refusing to grant any change of venue to refugee claimants despite proof of hardship;
  2. The refusals of requests for changes of venue have caused hardships for refugee claimants;
Therefore be it resolved

That the CCR:

  1. Call on the Immigration and Refugee Board to ensure that in all of its regions a request for change of venue not be rejected where a claimant can show that hardship would result from such a rejection.
  2. Call on the IRB and CIC to allow persons to choose their place of hearing where hardship would result from a refusal to grant this choice.
Working Group
Subject

Work permits

Resolution number
21
Whereas
  1. Most refugee claimants have no financial source other than their own work. They arrive in Canada with no money and have no family or friends in Canada to assist them financially. They are consequently highly vulnerable and desperate;
  2. Refugee claimants cannot receive a work permit without first being medically cleared. It takes a minimum of 2 months from the time a doctor sends the medical results to CIC to the time that CIC actually enters the medical results in the CIC computer system;
  3. Once the medical results are entered into the CIC system and a work permit application is filed with CPC-Vegreville it takes another 2 to 3 months before Vegreville issues the work permit;
  4. Until a work permit is issued, refugee claimants are ineligible for Social Insurance Numbers which, in turn, prevents them from accessing other community services;
Therefore be it resolved

That the CCR:

  1. Write to CIC to request that CPC-Vegreville be instructed to give the processing of refugee claimants' work permits a priority in order to avoid an extended period of undue hardship and vulnerability; and that the work permits issued be for a minimum of one year.
  2. Write to CIC to request an increase in resources to CPC-Vegreville and to medical services to allow for priority processing of work permit applications.
  3. Send copies of these letters to the relevant provincial authorities.
  4. Request that CPC-Vegreville be instructed to stop the practice of setting an arbitrary date for leaving Canada under the Conditions of Issue.
Working Group

Trafficking in women and children - urgent protection

Resolution number
20
Whereas
  1. The CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically;
  2. The Conference identified urgent protection for trafficked women and children as a key priority;
Therefore be it resolved

That the CCR:

  1. Request CIC to develop an immediate protection mechanism leading to permanent residence in Canada to protect trafficked women and children and that the necessary resources and support structures be put in place to sustain the program.
  2. Urge that the Urgent Protection Program be expanded to include trafficked persons and that their immediate family grouping be kept intact since family members left behind may be at risk.
Working Group

Trafficking in persons - access to legal status

Resolution number
19
Whereas
  1. Canada is a party to the Palermo Protocol;
  2. CCR passed Resolution 24 in December 2001 and subsequently has held regional workshops and a national conference to explore the issues domestically.
  3. It was identified that a serious barrier exists for trafficked persons, in particular women and children, seeking assistance due to lack of access to legal status in Canada;
Therefore be it resolved

That the CCR:

  1. Call on the Government of Canada to expand the definition of protected persons to include trafficked persons.
  2. Call on the Minister of Citizenship and Immigration to urgently develop a regulatory class.
  3. Call on CIC to give trafficked persons special consideration under H&C, and to accompany this with a regulatory stay.
  4. Insist that these measures not be tied to providing testimony and not be punitive.
  5. Call on CIC to give trafficked persons access to Interim Federal Health (IFH) benefits, work permits and legal aid.
  6. Call on the IRB to address the special circumstances of trafficked persons in the gender guidelines.
  7. Call on the federal and provincial governments to ensure that separated children have guardians assigned to them.
Working Group
Subject

Statelessness statistics

Resolution number
18
Whereas
  1. IRPA is silent on the issue of statelessness which increases the vulnerability of stateless people;
  2. Current data collection systems of the government are inconsistent and ad hoc on statistics relating to statelessness;
Therefore be it resolved

That the CCR request that CIC and the IRB review their data management and reporting systems to ensure the accurate and timely collection and reporting of statistics relating to statelessness, in particular:

  • refugee status determination hearings when statelessness was a factor (numbers, country of residence)
  • H&C applications of stateless cases (numbers accepted, numbers rejected, countries of habitual residence)
  • detention of stateless persons (length of detention, reason for detention, country of habitual residence, place of detention, age, gender)
  • removals of stateless persons (including country of habitual residence, age, gender, country removed to).
  • resettlement of stateless persons.
Working Group
Subject

Bonds required for refugee claimants in Toronto and elsewhere

Resolution number
17
Whereas
  1. The majority of refugee claimants in detention in Toronto and elsewhere are required to pay a bond to be released;
  2. Most refugee claimants do not have friends or relatives to pay the bond;
  3. The bail program in Toronto is very slow and does not accept all claimants.
Therefore be it resolved

That the CCR ask CIC and the IRB to release refugee claimants who satisfy their identity requirements, without a bond.

Working Group
Subject

Detention on grounds of ID

Resolution number
16
Whereas
  1. Many refugee claimants lack identity documents upon arrival;
  2. International standards stipulate that people must not be penalized for lack of ID;
  3. International guidelines on detention stipulate that undocumented refugee claimants should not normally be detained;
Therefore be it resolved

That the CCR call on the government of Canada (CIC and IRB) to adhere to international standards with respect to detention of refugee claimants, and to ensure that refugee claimants not be detained for more time than is required to conduct initial enquiries as to the person's identity. Ascertaining a person's identity should not be dependent on an ability to produce an identity document.

Working Group
Subject

Access to counsel for immigration detainees

Resolution number
15
Whereas

The increasing use of detention by CIC in provincial jails has resulted in the transfer of immigration detainees to remote areas, where they are effectively denied the right to counsel and cannot even contact counsel due to the requirement to communicate via collect calls from these jails;

Therefore be it resolved

That CCR call upon the federal and provincial governments to establish procedures to ensure effective access to counsel for all immigration detainees, including free telephone access and face to face communication with counsel.

Working Group
Subject

Palestinian refugee claims before the IRB and PRRA

Resolution number
21
Whereas
  1. There is demonstrable confusion within IRB and PRRA regarding the status of stateless Palestinian refugees, and the conditions they have fled.
  2. This lack of understanding has led to inconsistent and ill-informed decision-making.
Therefore be it resolved

That CCR, together with other organizations and coalitions working for the rights of Palestinian refugees, raise with the IRB and with PRRA officials the need for better and more consistent information regarding the legal status of Palestinian refugees and the rights violations they face.

Working Group