Inland Protection

That

1. The CCR request that the Government of Canada investigate the true costs of each refugee claim and produce its findings
2. The Legal Affairs Committee of the CCR be directed to investigate the possibility of initiating legal proceedings against the Department of Immigration for "spreading false news" and for knowingly distributing incorrect information that is prejudicial to refugee claimants.

That the CCR:

1. Adopt the week in which April 4 falls each year as Refugee Awareness Week and April 4 as Refugee Rights Day;
2. Recommend to its members the organization of programmes to promote greater understanding of the plight of refugees at this time each year.

That the CCR:

1. Endorse the May 1994 report on detention as its official paper on detention;
2. Condemn the systematic violation of article 9 of the Canadian Charter and our international obligations;
3. Urge the Minister of Citizenship and Immigration to establish clear rules consistent with the Charter to delineate grounds for detention;
4. Urgently demand the Minister of Citizenship and Immigration to establish a mechanism for sanctions and accountability for immigration officials who abuse the rights of non-citizens and to study the possibility of an independent ombudsman for complaints about immigration practices;
5. Demand that a code of ethics be established for immigration officials which stresses the need for normal courtesy and respect for physical conditions for visitors, as well as emphasizing a non-discriminatory attitude towards those coming to this country;
6. Contact provincial tourism ministers to make them aware of the treatment that visitors to this country are subjected to at the current time;
7. Invite the Working Group on Arbitrary Detention of the United Nations Human Rights Commission to visit Canada on a fact-finding visit to investigate the conformity of Canadian practices with international standards of behaviour;
8. Advocate to the Minister that, while awaiting legislative amendments:
   1. Interpreters must be more quickly available at points of entry. No one should be detained simply because an interpreter cannot be found in time;
   2. A citizens advocates mechanism should be established in order to guard against abuse by self-contained administrative tribunals;
   3. The Department should facilitate access to review sessions to advocates willing to accompany detainees;
   4. A mechanism should be established for publishing and making available to counsel noteworthy decisions rendered by adjudicators;
   5. Maximum periods of detention should be established (no more than 4 months), except in cases where there is serious reason to believe the person poses a security risk or risk to the public. At the very least, the 4 month mark should trigger a special review with counsel, if necessary, funded by the federal government to actively seek solutions other than detention. A community advocate should also be present, if desired by the detainee;
   6. Detainees awaiting removal should be released, if the removal cannot be effected in the immediate future, as long as the person is not a security risk;
   7. Regulations establishing standards for detention centre conditions, rights and treatment of detainees and conditions for transfers to jail should be adopted. These regulations should be drawn up in consultation with the NGO sector;
   8. Detainees exhibiting signs of psychological stress should be given access to appropriate medical personnel immediately. Known or suspected survivors of torture should be referred to specialists. Reports of medical personnel should be taken into consideration in all decisions concerning the person's continued detention;
   9. Suicide attempts must be treated with the seriousness such an act merits. Relevant legislation should be reviewed and medical experts consulted to ensure that appropriate procedures are established and followed;
   10. Adequate medical care should be made available to all detainees in a timely manner. Special attention should be given to the medical needs of pregnant women;
   11. NGO's should be invited to participate in the training of personnel at detention centres, so as to increase sensitivity to the rights and needs of detainees;
   12. An independent review mechanism should be set up to oversee conditions of detention;
   13. In cases of detention in jails, detainees who have not been accused of a criminal offence should be separated from the general prison community. Special efforts should be made to expedite the case and to ensure that the detainee has access to counselling and community advocates;
   14. Minimum standards for outdoor exercise facilities should be established. There should be more than a small concrete courtyard;
   15. Airport detention facilities should be improved. Comfortable chairs should be provided. The specific needs of children should also be considered with special reference to the UN Convention on the Rights of Child. Food and drink should be made easily available;
   16. All detainees should be provided with an information sheet that clearly outlines their rights and obligations. The information sheet should be translated into as many languages as possible;
   17. All detainees should be provided with a list of organizations that might provide assistance;
   18. There should be opportunity for NGO representatives to meet with regional immigration officials at regular intervals;
   19. Staff cuts should not be made at the expense of the client. Staff needs should be regularly evaluated and reassignments immediately made if necessary;
   20. In seeking to increase the capacity of NGOs to anticipate and respond to the needs of incoming refugee claimants, the department should keep records of gender, age, and country of origin. These statistics would also permit the department to more effectively anticipate changes that might be required at detention facilities;
   21. Access to chaplaincy on a faith-appropriate basis should be provided.

That the CCR demand an independent inquiry into this incident and into the practice of medicating people for the purposes of deportation.

That the CCR:

1. Endorse the proposed code of procedures for torture survivors;
2. Assist the National Network in encouraging the IRB and the Minister of Citizenship and Immigration to study the code and to consult interested parties and to thereby formally create a legally enforceable code of procedures for the treatment of torture survivors.

That the CCR call upon the IRB to ensure that:

1. There is coherence in the overall accreditation of the interpreters in all the languages;
2. Interpreters are made accountable through licensing and be required to observe codes of conduct;
3. Those previously recruited are made to take an updated test before certification.

That the CCR:

1. Ask the Minister of Citizenship and Immigration to instruct his department to grant work permits to refused refugee claimants eligible for the "interim measures" programme;
2. Urge the Canadian Government to use its best efforts to ensure basic health care for refugee claimants awaiting processing through the "interim measures" programme;
3. Urge the Minister to impose a moratorium on removals of all failed refugee claimants pending the outcome of the "interim measures programme".

That:

1. The CCR is interested in participating in the "interim review" of rejected refugee claimants announced by the Minister;
2. CCR involvement must include full participation in designing the review process and establishing its criteria and would include representation at all working sessions of the Departmental planning body;
3. All rejected claims, irrespective of date of rejection, be included in the review;
4. If the CCR is adequately represented on a management committee to oversee administration of the review, the CCR recommend to its members that they circulate information on the review and that the CCR also encourage its members to assist eligible claimants in making appropriate submissions to the review process, on a non-exclusive basis.

That the CCR request that the Minister of Citizenship and Immigration declare a moratorium on new IRB appointments until such time as independent review committees can be established.

That the CCR strongly endorse the position contained in the Rebuilding Trust report by James Hathaway that the IRB return and adhere to the principle of being a non-adversarial tribunal of inquiry into Convention refugee claims.