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Inland Protection

Paternal consent for children

Resolution number
6
Whereas
  1. Women who have been accepted as refugees or permanent residents in Canada and who are seeking family reunification with their children overseas are required to produce a signed consent form from the father, or a custody order if the parents have separated;
  2. This creates an unfair burden on women in some cases, especially in cases of domestic violence;
  3. Such demands are leading to delays which, in some cases, compromise the best interests of children affected;
Therefore be it resolved

That the CCR request that the Canadian Government find alternative solutions, which correct gender imbalance and respect the best interests of the child, in such cases.

Working Group
Inland Protection
Subject
Family reunification
Children

Advocacy and training re Trans issues

Resolution number
8
Whereas
  1. The CCR adopted a resolution in November 1994 in regard to education and guidelines on sexual orientation for the IRB;
  2. The 1994 resolution does not address specific training with the IRB in regard to trans communities, nor does it recognize education and training for CIC and CBSA employees;
Therefore be it resolved

That the CCR:

  1. Ensure from now on that all CCR policies regarding sexual orientation reflect the diverse lesbian, gay, bisexual, transgender, transexual, queer, questioning and intersex communities;
  2. Advocate with the IRB, CIC and CBSA to include education and training on trans specific, transphobia and homophobia issues.
Working Group
Inland Protection
Subject
IRB
LGBT

Priority processing for H&C applications involving best interests of the child

Resolution number
4
Whereas
  1. Canada is signatory to the Convention on the Rights of the Child;
  2. Timely family reunification and a full and timely assessment of a child’s best interest are fundamental elements of Canada’s obligations under the said Convention;
  3. In February 2005, the Minister of Citizenship and Immigration implemented a program to reduce the processing times of sponsorships of spouses living abroad and to prevent, where possible, the separation of spouses in Canada;
  4. A child’s interests and rights are of equal or greater concern;
Therefore be it resolved

That the CCR advocate in favour of a policy providing that:

  1. A humanitarian and compassionate application involving the best interests of any child facing removal, or whose parents face removal, receive a full and proper assessment prior to potential removal from Canada;
  2. Applications for permanent residence based on humanitarian and compassionate grounds, made either inland or abroad, that invoke the best interests of a child living abroad be processed in priority; an accelerated priority should be given to those applications which invoke risk concerns to the child living abroad.
Working Group
Inland Protection
Subject
Family reunification
H&C

Canadian Commissioner for the Rights of Children

Resolution number
3
Whereas
  1. Canada is signatory to the Convention on the Rights of the Child;
  2. The Final Report of the Standing Senate Committee On Human Rights, published in April 2007, concluded that “...one of its primary proposals should be the establishment of a children’s Commissioner at the federal level in Canada...” (p. 202).
Therefore be it resolved

That the CCR promote the establishment of a children’s commissioner at the federal level, responsible for, among others, the welfare of immigrant and refugee children.

Working Group
Inland Protection
Subject
Children

Detention of minors – presumption of age

Resolution number
14
Whereas
  1. Detention is a recourse of last resort;
  2. Detention of minors must be an exceptional measure;
  3. The best interests of the child must be taken into consideration by the government and its tribunals;
Therefore be it resolved

That the CCR recommend that, when a person who alleges to be a minor is detained for reasons of identity, they must be presumed to be a minor, until otherwise established.

Working Group
Inland Protection
Subject
Detention
Children

Children in Detention

Resolution number
13
Whereas
  1. Section 60 of IRPA says that detention of children should be a measure of last resort;
  2. Regulation 249 obliges the consideration of alternatives to detention where children are concerned;
  3. The Convention on the Rights of the Child obliges Canada to give primary consideration to the best interests of the child;
  4. Children are held in detention centres in Canada either because they are detained or because they are accompanying their detained guardians;
  5. CBSA and IRB do not give primary consideration to best interests of the child in their decision-making with regards to detention of children;
Therefore be it resolved

That the CCR demand that:

  1. CBSA not detain children by considering all possible alternatives;
  2. IRB and CBSA respect their obligations under the Convention on the Rights of the Child and give primary consideration to the best interests of the child when making decisions on detention of children or of adult guardians of children, which affects their children.
Working Group
Inland Protection
Subject
Detention
Children

Concurrent processing of family members of persons accepted on H&C grounds

Resolution number
12
Whereas
  1. Concurrent processing of family members of persons accepted on H&C grounds in Canada was abolished in 2004;
  2. This has resulted in a significant delay in family reunification for persons accepted on H&C grounds;
  3. Many of these people have compelling humanitarian and compassionate considerations and/or were wrongly refused refugee status;
Therefore be it resolved

That the CCR recommend an amendment of the Regulations to restore provision for concurrent processing of family members of persons accepted on H&C grounds.

Working Group
Inland Protection
Subject
Family reunification
H&C

Appeal to IAD of protected persons in concurrent processes

Resolution number
11
Whereas
  1. Family Class applicants can appeal a negative visa officer’s decision to the Immigration Appeal Division, including on humanitarian and compassionate grounds;
  2. Dependants of protected persons being processed concurrently can only appeal a visa officer’s decision by way of judicial review in the Federal Court;
Therefore be it resolved

That the CCR recommend an amendment to the Act and Regulations to permit protected persons to appeal decisions on family reunification to the Immigration Appeal Division of the IRB on all issues of fact and law, and on all the circumstances of the case including humanitarian and compassionate considerations.

Working Group
Inland Protection
Subject
Family reunification

Detention of non-status persons

Resolution number
10
Whereas
  1. There are a large number of persons without status who have submitted different forms of requests to regularize their situation;
  2. The main way to ask for a decision on humanitarian grounds or other grounds while a person is underground and the subject of an arrest warrant is to present themselves to the Canadian authorities;
  3. People without status who present themselves to the Canadian authorities in order to regularize their status are often detained;
Therefore be it resolved

That the CCR advocate with the Minister of Public Safety, CBSA, and the Immigration and Refugee Board that persons presenting themselves voluntarily for regularization should benefit from a favourable presumption that they do not normally represent a flight risk and that they therefore should not be detained.

Working Group
Inland Protection
Subject
Non-status
Detention

Don’t Ask, Don’t Tell policy

Resolution number
2
Whereas
  1. Law enforcement agencies have been widely known to engage in the practice of asking for the immigration status of detained and non-detained individuals;
  2. There has been a CBSA presence during and after police raids;
  3. It is widely known that racial profiling is an established practice of law enforcement agencies;
Therefore be it resolved

That the CCR:

  1. Call for all relevant law enforcement agencies to adopt a “Don’t Ask, Don’t Tell” policy;
  2. Denounce racial profiling during raids in geographic areas that house immigrant and refugee communities.
Working Group
Inland Protection
Subject
Non-status
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