Inland Protection

Access to an appeal on humanitarian grounds (criminality cases)

Resolution number
4
Whereas
  1. Permanent residents who are found to be inadmissible on grounds of serious criminality or organized crime are denied access to the Immigration Appeal Division;
  2. Convention refugees in Canada can be removed for reasons of serious criminality if there is a danger opinion against them;
Therefore be it resolved

That the CCR call for refugees and permanent residents facing removal on the basis of serious criminality or organized crime to have access to the IAD for consideration of humanitarian and compassionate factors.

Working Group
Inland Protection
Subject
H&C
Criminality

Security certificate process

Resolution number
22
Whereas
  1. The process under article 40.1 of the Immigration Act provides for mandatory detention when the Minister of Citizenship and Immigration and the Solicitor-General have signed a security certificate for people who may be refugees or refugee claimants.
  2. The person cited in these security certificates does not have the right to know the evidence against them.
Therefore be it resolved

That the CCR:

  1. Condemn the security certificate process and particularly the provisions for mandatory detention without review and asks for the immediate repeal of this section of the Act.
  2. Urge the Government of Canada to suspend immediately the use of these provisions which clearly violate the Canadian Charter of Rights and Freedoms and Canada's international human rights obligations;
  3. Call upon the Canadian Bar Association and human rights NGOs to condemn these procedures which violate fundamental human rights.
Working Group
Inland Protection
Subject
Security inadmissibility

Tasse report

Resolution number
21
Whereas
  1. The Tassé Report on Canada Immigration removal practices revealed widespread serious concerns, not only on the part of NGOs and the legal profession, but also from front-line removals staff, concerning the removals process.
  2. The Tassé Report concludes that CIC's renewal initiative requires greater emphasis on people. The Report urges that a code of ethics be developed and that a process for greater accountability be instituted for the removals staff.
  3. Policies announced or implemented by CIC have in effect been counter-productive to the spirit of the Tassé Report's recommendations. There have been more deportations and harsher treatment (including incarceration) of many people who are eventually deported to countries (such as Algeria) where life and safety are at grave risk. This situation has forced removals officers to be complicit in breaches of international covenants to which Canada is a signatory regarding security of the person.
Therefore be it resolved

That the CCR call on the Minister of Citizenship and Immigration to implement the recommendation of the Tassé Report for greater accountability through:

  1. adoption of an effective code of ethics.
  2. training on ethical principles and standards for staff by persons qualified to deal effectively with these issues.
  3. setting up an independent complaints procedure.
  4. setting up a review mechanism to ensure continuing compliance with international standards.
Working Group
Inland Protection
Subject
Removals

Simple court remedy

Resolution number
20
Whereas
  1. The refoulement of Ms Mbulu after Canadian post-claim procedures against the express wishes of the UN Rapporteur against Torture and the many cases before international human rights committees and commissions reveal a problem with Canadian post-claim procedures.
  2. International law requires a simple, that is one-step, court procedure when fundamental human rights are at issue.
  3. Canada has agreed to ensure or guarantee human rights for everyone on the territory, including when there is a real risk of a violation of a fundamental right consequential to expulsion.
  4. There was a major report revealing the inadequacy of risk review and humanitarian and compassionate review by Davis and Waldman which recommended inclusion of international human rights standards.
  5. Some way of better acquainting Canadians with current international human rights standards is needed.
Therefore be it resolved

That the CCR urge the Government of Canada to:

  1. Review legislation to ensure a simple (one step) effective court remedy when fundamental rights arise in expulsion.
  2. Write to the Inter-American Commission on Human Rights asking them to hold a seminar in Canada with international experts from international committees and commissions and members of the Canadian legal community to advise on current requirements of international human rights law for the new legislation.
Working Group
Inland Protection

Country risk assessment

Resolution number
19
Whereas
  1. CIC's process for assessing country risk functions secretly and without public oversight or legal control.
  2. The CCR has condemned the functioning of the current post-determination review.
Therefore be it resolved

That the CCR:

  1. Demand full access to the records of the Advisory Committee on Country Conditions for Removal including the information sources of this committee.
  2. Write to the Minister asking for an open process, including an organized and systematic process for NGOs and human rights organizations to have input to this committee.
  3. Ask for an opportunity for NGO input into CIC's country profiles.
Working Group
Inland Protection

IRB appointments

Resolution number
18
Whereas
  1. The CCR has passed res. 11, May 1992; res. 23 November 1993 and res. 29, June 1994.
  2. Appointments to the Immigration and Refugee Board remain political, despite the existence of an advisory committee on appointments.
  3. This politicization manifests itself not only in poorly qualified candidates being appointed or reappointed, but as well, highly qualified candidates not being appointed or reappointed.
  4. The continued political nature of appointments means that there remains a core of Immigration and Refugee Board Refugee Division members who are not capable of functioning competently without the assistance of another Refugee Division member present at the hearing to assist them.
Therefore be it resolved

That the CCR call on the Minister of Citizenship and Immigration to:

  1. Withdraw from Bill C-49 the proposal that Refugee Division panels be reduced from two to one.
  2. Stop the appointment of IRB members based on political factors and instead base such decisions on the merit and competence of candidates.
Working Group
Inland Protection
Subject
IRB

Deportations to Zaire

Resolution number
17
Whereas
  1. The situation in Zaire is acknowledged by both political and human rights experts to be very volatile, with human rights violations and violence rampant in various parts of the country.
  2. There is effectively no central government in control in Zaire at this time.
  3. Canada, recognizing this serious situation, is presently leading a major humanitarian initiative in Zaire and the Great Lakes Region.
  4. A growing number of Zairois (mostly in Montreal) have already received, or will be receiving, departure dates for the near future.
Therefore be it resolved

That the CCR:

  1. Urgently request the Prime Minister of Canada to address this inconsistency in Canadian policy by ordering an immediate suspension of deportations to Zaire.
  2. Request a clarification from the UNHCR on the dangers of deporting people to Zaire at this time.
Working Group
Inland Protection
Subject
Moratoria
Removals

DROC passport requirements

Resolution number
16
Whereas
  1. Refugee claimants eligible for landing in Canada through the DROC program often left their homeland for fear of persecution.
  2. The Case Processing Centre in Vegreville, Alberta is requiring that all eligible DROC applicants submit a passport as ID for landing purposes.
  3. Some refugee claimants eligible for acceptance into Canada through the DROC program are extremely afraid to approach the embassies of their homeland to request passports fearing that it could endanger their own lives or those of their loved ones in their homeland.
Therefore be it resolved

That the CCR request that CIC waive the requirement of specifically providing passports as ID in cases where DROC applicants fear that their life or the lives of their loved ones in their homeland could be put at risk by requesting such a passport at their embassy. Instead, other types of ID should be permitted for processing purposes.

Working Group
Inland Protection

Identity documents

Resolution number
15
Whereas
  1. The CCR moved a resolution in June 1996 clearly outlining requirements for an acceptable solution to the ID issue.
  2. The CCR submitted a detailed brief in October 1996.
  3. Article 27 of the 1951 Convention Relating to the Status of Refugees states that contracting states shall issue identity papers to any refugee in their territory who does not possess a valid travel document.
  4. Draft regulations published on November 16, 1996 fails to address any of the preconditions contained in the resolutions and the brief.
  5. The proposed regulations will discriminate on the basis of race and national origin and create a measurable hardship for Convention refugees in Canada and their families abroad.
  6. The impact of these regulations will be particularly harsh on families and children.
  7. The regulations demonstrate a clear departure from Canada's commitment to the protection of refugees.
  8. The regulations do not respond to solutions, offered in good faith by representatives of Somali, Iranian, Afghan, Sri Lankan and other communities in interminable and numerous meetings with the government.
  9. The draft regulations do nothing for people in refugee-like situations.
  10. The Immigration and Refugee Board had determined the identity of anyone found to be a Convention refugee.
Therefore be it resolved

That the CCR:

  1. Reject the draft ID regulations published November 16, 1996.
  2. Call on the Canadian government to: a) Amend the Immigration Act to remove the requirement for identity documents for Convention refugees, and others in refugee-like situations. b) Withdraw the proposed regulations; or in the alternative:
    i) commit resources to land affected persons within 6 months.
    ii) direct immigration officers to give greater weight to personal interviews and other documentary evidence when primary documents cannot be obtained.
    iii) make an exemption to permit family reunification where the passage of time due to delays in landing processing has prevented sponsorship.
  3. Submit a detailed brief of their criticisms of the regulations and call on member agencies to do the same.
  4. Call on the UNHCR to condemn the proposed regulations on the grounds that they violate Canada's international obligation to protect families, children and refugees and to facilitate family reunification.
Working Group
Inland Protection

Identity documents

Resolution number
15
Whereas
  1. The Minister of Citizenship and Immigration has introduced the Undocumented Convention Refugee in Canada Class (UCRCC) as a proposed solution to the problems created by 46.04(8) of the Immigration Act;
  2. The UCRCC is only effective until January 1999;
  3. The House Standing Committee on Citizenship and Immigration rejected the five year waiting period before applying for landed immigrant status;
  4. The five year wait under UCRCC will cause:
    (1)undue hardship for refugees (such as extended or permanent family separation);
    (2)significant barriers to successful integration of refugees in relation to education, employment, health care and travel outside Canada;
  5. All people subject to the UCRCC have already been recognized as Convention refugees;
  6. 80% of the people affected by the UCRCC regulations are women and children who do not fit the profile of war criminals or security risk that the Minister referred to in justifying the five year waiting period;
  7. Only two countries, Somalia and Afghanistan, are presently included in the UCRCC, and there has been no solution proposed for persons from other countries in similar situations;
Therefore be it resolved

That the CCR urge the Minister of Citizenship and Immigration to:

  1. Abolish the five-year waiting period provided for under the UCRCC and land all Convention refugees using the identification documentation which they already have and/or accepting statutory declarations as proof of identification;
  2. Allocate resources to the granting of landed status within six months to those persons who have already completed the UCRCC waiting period;
  3. Notify all eligible members of the UCRCC of their eligibility so that they know that they may apply for landing;

AND BE IT FURTHER RESOLVED that the CCR write to the Québec Ministre des Relations avec les citoyens et de l'Immigration, requesting his support for our position on this issue.

Working Group
Inland Protection
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