Inland Protection

Proposal for the regularization of individuals and families without status

Resolution number
4
Whereas
  1. The CCR is committed by Resolution 1, May 2003 to working for a process of regularization of people without status;
  2. The CCR has been working for many months on a proposal for regularization;
Therefore be it resolved

That the CCR adopt as policy the Proposal for the regularization of individuals and families without status, as approved by the Working Group on Inland Protection, including the call to:

  1. Provide an opportunity for seasonal agricultural workers to apply for permanent residence, similar to the opportunity provided under the Live-In Caregiver Program;
  2. Introduce an adjustment of status program similar to that introduced in 1972, whereby anyone who was already in Canada by a date (e.g. two years prior) may apply for status.
  3. Eliminate processing fees for humanitarian cases.
Working Group
Subject

Optional Protocol to the Convention Against Torture

Resolution number
3
Whereas
  1. There is now an optional protocol to the Convention against Torture which provides for on-site visits to detention centres around the world and which is open to signatures by member states;
  2. This protocol will not come into effect until 20 countries have ratified it and only six have currently ratified it;
Therefore be it resolved

That the CCR call upon the Canadian government and urge our sister organizations to ask for other governments to ratify the Optional Protocol of the Convention against Torture so that this can come into effect as soon as possible.

Working Group

International mechanisms for human rights and the new Human Rights Council

Resolution number
2
Whereas
  1. The Human Rights Commission of the United Nations has ceased to exist and the new Human Rights Council has come into existence;
  2. There are a large number of Special Rapporteurs and special procedures whose existence depends on resolutions of the Human Rights Commission and whose expertise we do not want to lose;
Therefore be it resolved

That the CCR call upon the Canadian government and other governments to support the renewal of all of the current mandates of Special Rapporteurs and special non-conventional procedures of the United Nations in order not to lose their expertise.

Working Group

IRB regional offices

Resolution number
1
Whereas
  1. The Immigration and Refugee Board (IRB) is closing its regional offices at yearend;
  2. This will result in further reduction in quality of access to protection;
Therefore be it resolved

That the CCR:

  1. Call upon the Canadian government and the IRB to enable the continued operation of these regional offices;
  2. Request that the IRB provide full access to their resources and facilities to all claimants in all regions.
Working Group
Subject

Exclusion of claimants at the POE

Resolution number
1
Whereas
  1. There have been many documented cases where CBSA officers at the Port Of Entry (POE) have issued removal orders against people seeking refugee protection in Canada before they were able to state their intent to claim refugee status.
  2. The consequence of this is to deprive a claimant of access to the Immigration and Refugee Board.
  3. There is no stay of removal pending an application for a Pre-Removal Risk Assessment (PRRA) once a removal order has been issued.
  4. As a result there are documented cases of people being removed without any risk assessment.
Therefore be it resolved

That the CCR call on the government to issue regulations or guidelines that would require POE officers to ask persons subject to removal if they fear persecution in their country of origin or of habitual residence before issuing a removal order.

    

Working Group
Subject

Arming of border guards

Resolution number
9
Whereas
  1. A decision has been made by the government of Canada to arm the officers of the Canada Border Services Agency (CBSA).
  2. The CCR has raised its concerns to the Prime Minister in this regard.
  3. Arming CBSA is absolutely unnecessary with negative impacts on refugees who have gone through persecution, mental trauma and torture.
Therefore be it resolved

That the CCR oppose the arming of CBSA and advocate to overturn the decision.

Working Group
Subject

Automatic issuance of “protected status" documents

Resolution number
8
Whereas
  1. It is important for protected persons to settle meaningfully in Canada through education, employment, etc.
  2. Presently, protected persons need to submit a special “protected status” document to be registered in certain programs.
  3. It takes 8 weeks for CIC to issue these documents.
Therefore be it resolved

That the CCR call on CIC to issue“protected status” documents at the time the person is accepted by the IRB.

Working Group

Torture legislation

Resolution number
7
Whereas
  1. The Arar Commission has identified Canadian complicity in Maher Arar’s rendition to torture in Syria;
  2. The Canadian government continues to argue that there may be circumstances under which individuals could be returned to a country where there may be grounds to believe they may be at risk of torture;
Therefore be it resolved

That:

  1. The CCR call on the government to enact legislation that unequivocally and absolutely prohibits the use of torture under any circumstances by any person, but in particular by any government official or persons acting in a government-related capacity;
  2. This legislation prohibit the use of information garnered as a result of torture;
  3. This legislation prohibit actions, including the sharing of information, that might reasonably be expected to place any person at risk of torture.
Working Group

Migrant agricultural workers and other temporary work permit holders

Resolution number
6
Whereas
  1. Migrant agricultural workers and other temporary work permit holders are living in a situation of segregation which prevents them from having effective recourse to justice;
  2. Migrant workers who have suffered an injustice are often deported before they can seek a legal recourse;
Therefore be it resolved

That the CCR demand that the status of worker be maintained during the period necessary to seize a tribunal of the matter and to await its resolution.

Working Group
Subject

Detention on identity grounds

Resolution number
5
Whereas
  1. According to IRPA, there is no independent review of:
    a) the decision of an officer to detain a foreign national because their identity has not been established.
    b) the Minister’s opinion that identity has not been established.
    c) once identity has been tendered, the decision that it is insufficient;
  2. According to international human rights law, detention without independent review constitutes arbitrary detention;
Therefore be it resolved

That the CCR demand that IRPA be amended to require that the Immigration Division of the Immigration and Refugee Board conduct an independent review of 1 a), b) and c).

Working Group
Subject