Inland Protection

That the CCR call on the Canadian government to urge the re-examination of UNHCR ’s responsibility toward Palestinian refugees, suggested by the second paragraph of Article 1(d), the so-called “exclusion clause”, and include the second paragraph in their statutes as a basis for extending human rights protection and inclusivity, thus affirming the intention of the 1951 Refugee Convention.

That the CCR:

1. Inform CIC of the well-documented evidence of systematic human rights violations, the recognition by certain IRB members of said violations as persecution and the inconsistent decision-making on Palestinian claims.
2. Call on CIC to facilitate the H&C process, in light of the unique circumstances faced by stateless Palestinian refugees from Lebanon, to allow the refused refugee claimants to be granted permanent resident status in Canada.
3. Call on CIC to collaborate with the Palestinian community in Canada to resolve the problems of ID requirements that may be faced by stateless Palestinian refugees.

That the CCR call on the Canadian government to immediately place a moratorium on deportations to The Palestinian occupied territories, in recognition of the ongoing military occupation and the risk to the life, liberty and security of those living under it.

That the CCR:

1. Recognize that recourse to sanctuary may be necessary to protect asylum seekers whose lives or security would be jeopardized if removed from Canada.
2. Deplore the recent, first-known, violation of sanctuary in Canada by police acting with force and in apparent close cooperation with CBSA and other government officials.
3. When sanctuary is necessary, encourage those providing it to inform the CCR membership, so that members may assist in encouraging the government to reconsider the situation that leads to sanctuary.
4. Take appropriate action to encourage the government to reconsider the situation that leads to sanctuary.
5. Re-affirm the need for the implementation of the appeal on the merits for refused refugee claimants.
6. Call upon the Canadian government to continue to respect the historic right of sanctuary.

That the CCR call on the Canadian government to add countries that are without a functioning government, like Somalia, to the list of countries to which Canada has temporarily suspended removals.

That:

1. The draft Essential Principles, as amended by the Working Group on Inland Protection, be approved in principle as the present position of the CCR.
2. The Executive of the CCR be empowered to revise and amend the draft Essential Principles, taking into account feedback from the membership, insofar as such revisions and amendments are in accord with the principles and policies of the CCR.
3. The CCR publicize the Essential Principles and encourage its members to do likewise.

That the CCR urge different levels of government in Canada to proclaim April 4 as Refugee Rights Day, by the 25th anniversary in 2010.

That the CCR:

1. Call on CIC to develop guidelines on what constitutes “sufficient” evidence for the purposes of PRRA decision-makers.
2. Call on CIC to develop guidelines on what constitutes expert evidence or testimony for PRRA decision-makers.
3. Propose that CIC form a consultative committee with CCR, other NGOs and lawyers to analyze and make recommendations on the PRRA system.
4. Ask the Standing Committee on Citizenship and Immigration to study the overall effectiveness of the PRRA process in light of Canada’s international human rights obligations.

That the CCR request that:

1. The criteria for deciding on humanitarian and compassionate requests in the IP-5 Manual be modified to read “unusual and undeserved hardship” with the addition of “or sufficient family ties.”
2. The departmental police and guidelines be modified so that, in the absence of significant countervailing factors, the following categories will benefit from a favourable presumption in analysis of humanitarian applications:
   a) Married couples with a valid relationship will not be separated by removal during the processing of the permanent residence.
   b) Applicants with Canadian children will be generally accepted for permanent residence in Canada.
   c) Applicants with over five years in Canada of continuous presence are generally allowed to stay in Canada.
   d) Applicants with children who have become culturally acclimated to Canada and have over three years Canadian schooling should generally be accepted for residence.> e) Applicants whose removal would create significant disruption to a Canadian employer or to other Canadian employees should warrant humanitarian considerations.
   f) Torture or rape victims should not normally be sent back to the country where they suffered rape or torture. Serious risk of re-traumatisation must be an important humanitarian concern.

That the CCR approach CIC to urge that H&C applications be assessed against the wider criteria of hardship, rather than risk as assessed in the PRRA.