CCR Resolutions Database

That CCR write to CIC to stress that:

1. Services in small communities in Ontario should be based on regional realities of the province and should reflect the equality of services right across the regions of Ontario;
2. Current LINC contracts be reviewed and evaluated in the light of de-committals;
3. NGOs in rural areas be given special consideration to deliver high quality and equitable services;
4. The criteria for the renewal of LINC contracts be based on clear pre-established criteria, not arbitrary criteria introduced after contracts are signed;
5. CIC immediately begin a consultation discussion with community stakeholders before de-committals are implemented.

That the CCR:

1. Call upon the Canadian government to embrace publicly the principle that fundamental human rights always take precedence over actual or potential trade and investment relationships;
2. Renew its call for the elimination of the Source Country Schedule, and call for the processing of all those who are in need of urgent protection in their respective countries of origin, under the Source Country Class, including those in Indonesia.

That the CCR urge the Minister of Citizenship and Immigration to use her discretion to immediately suspend removals to Angola and the Republic of Congo (Brazzaville).

That CIC be requested to re-evaluate the reductions targeted for various provinces, specifically Nova Scotia and Saskatchewan, taking into consideration the consequences of such reductions.

That the CCR encourage the Minister to undertake a more thorough consultation process in preparation for the refugee resettlement levels for 2001.

That the CCR request that the IRB make it apriority to establish a joint committee with the CCR to develop guidelines for refugee claim determination involving survivors of torture. The joint committee will work in consultation with other organizations with expertise in dealing with survivors of torture.

That the CCR write to the Metropolis Secretariat and all Canadian national Metropolis centres urging Metropolis to:

1. Partner with the settlement sector in organizing a seminar highlighting research done by NGOs;
2. Provide mechanisms to facilitate the development of a network of NGOs, including community organizations serving immigrants and refugees, from the participating Metropolis countries;
3. Commit to helping community organizations serving immigrants and refugees participate by encouraging government and universities to provide funding for their meaningful participation, including national and international conferences;
4. Develop an effective process for the three partners, that is, government, academics and community organizations serving immigrants and refugees, to translate research results to policy change, and from policy change to policy implementation;
5. Enable newcomers themselves to be meaningful partners with government, academics and community organizations serving immigrants and refugees, and not just research subjects.

That the CCR urge:

1. The government of Canada to recognize the urgent resettlement need of refugees from Sierra Leone including torture victims, women and children at risk, and refugees with family links in Canada;
2. The UNHCR to provide immediate protection for refugees from Sierra Leone as per its operational mandate, which includes:

   (a) Protection from physical harm,

   (b) Working with appropriate organizations to meet the total needs of the refugees;

   (c) Ensuring that the basic human rights of the refugees are upheld.

3. The government of Canada to donate generously to the relief operations for refugees from Sierra Leone.

That the CCR call on the Refugee Division of the Immigration and Refugee Board not to disclose any personal information form in the hearing of another claim unless:

1. The information in the personal information form is sanitized so that neither the claimant nor any other person the claimant names in the form can be identified;
2. The claimant expressly consents to the disclosure of the form for the purpose of the hearing of that claim; or
3. The Refugee Division is satisfied, at a hearing where the claimant whose personal information form is to be disclosed is notified and given an opportunity to be present and make representations, that there is no serious possibility that the life, liberty or security of any person would be endangered by reason of the filing of the personal information form in the hearing of the other claim.

That:

1. The CCR urge CIC to review, in consultation with settlement agencies, the manner in which CIC contracts with agencies. The objective of this review is to establish accountability measures which promote the best possible services for clients and efficient, effective agency management;
2. The review address, inter alia, the following specific issues occurring in some regions:

   (a) the independence of agencies and the fact that they are already subject to annual external audits;

   (b) the importance of client confidentiality;

   (c) the fact that rigid enforcement of ISAP eligibility rules undermines the ability of agencies to offer services in a welcoming and client centered manner (noting that CCR has resolved in November 1995 that services should be available on the basis of need);

   (d) the necessity of agencies to respect employment standards and human rights legislation as employers (particularly with regards to cuts which lead to layoffs and the practice of forcing agencies to lay off, on the basis of national origin, settlement workers, many of whom serve diverse clienteles);

   (e) the provision of reasonable and consistent administrative and overhead costs and the practice of insisting that agencies subsidize ISAP services through private fund-raising and funds from other institutional funders (an unrealistic maximum of 15% administrative costs is set in some regions);

   (f) the need for a reasonable balance between CIC's obligation to monitor funds, the administrative burden of reporting and the usefulness of information to be collected;

   (g) the use of three month contracts with long established partners, making it impossible to plan services, rent facilities and manage staff and causing agencies to devote a disproportionate amount of time to contract negotiation.

That the CCR:

1. Write to UNHCR to welcome the protection initiative of the UN High Commissioner for Refugees and to encourage UNHCR to apply a similar program in comparable situations in other world regions;
2. Write to CIC to:

   a) Welcome the Canadian response to this program for refugees from war and urge Canada to respond in a comparable way to future similar appeals from UNHCR;

   b) Express our appreciation of the possibility of permanent residence in the Canadian program and caution that the wishes of the refugee must be paramount;

   c) Urge Canada to bring other refugees nominated by UNHCR as in urgent need of protection in an equally swift manner;

   d) Urge Canada to extend to other refugees in Canada equally fast family reunification and the extended Interim Federal Health Program.

   e) Ask Canada to urge other countries, including Sweden, not to use the Kosovo appeal as a rationale for reducing existing resettlement programs.

That the CCR urge the government of Canada to:

1. Develop an internal mechanism to protect stateless persons;
2. In the meantime, release stateless persons from detention and process them through humanitarian and compassionate review;
3. Ratify the 1954 Convention relating to the Status of Stateless Persons;
4. Promote the ratification of the Convention by other states.

That the CCR support the draft national settlement service standards framework and adopt the proposed development strategy.

That the CCR demand that implementation of the Urgent Protection Pilot Project proceed without further delay.

That the CCR ask the Minister of Citizenship and Immigration to commit the resources and methods necessary to select and interview and immediately process for resettlement the persons concerned who are in very urgent need of protection.

That CCR urge CIC to:

1. Distribute the report to all LINC providers to encourage wider input;
2. Allow for consultation on recommended outcome measures before finalizing the measures;
3. Be cognizant of the cost implications of outcome measurements for service providers;
4. Commit themselves to a wide consultation on outcome measures for the ISAP and HOST programs.

That the CCR call on:

1. The International Criminal Tribunal for the Former Yugoslavia to investigate, and, where justified, prosecute any and all substantial allegations of war crimes and crimes against humanity in the former Yugoslavia, whether the allegations are made against the Yugoslav government forces or paramilitary groups, the Kosovo Liberation Army or the NATO forces and whether the allegations are made against the leadership of those forces or the rank and file;
2. The Government of Canada:
   a) to withdraw from and cease its participation in the NATO military action against Yugoslavia;
   b) to seek a peaceful negotiated solution to the crisis in Yugoslavia through the United Nations;
3. The Government of Yugoslavia:
   a) to stop any repressive action against the civilian population of Kosovo;
   b) to stop attacks by its security forces on the civilian population;
   c) to withdraw all security units used for civilian repression;
   d) to cooperate fully with international efforts to improve the humanitarian situation in Kosovo;
   e) to allow all refugees and displaced persons to return to their homes in safety;
   f) to cooperate fully with the International Criminal Tribunal for the former Yugoslavia.

That the CCR:

1. Support the expansion of the mandate of the IRB as proposed by the Minister of Citizenship and Immigration, provided that the legislation and regulations enabling this proposal contain the following provisions:

   (a) that the IRB shall, when dealing with a person's claim, first determine if the person is a Convention Refugee before going on to decide whether that person faces other risks in returning to her/his country of nationality;

   (b) that the risks which the IRB may determine are grounds for not returning a person to his/her country of nationality shall include but not be limited to:

   (i) risks identified in international instruments to which Canada is party, such as the Convention Against Torture, the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention on the Reduction of Statelessness;

   (ii) Generalized and personal risks resulting from country conditions, such as a state of war, generalized violence, widespread abuse of human rights, unchecked criminal activity, state-sanctioned torture or persecution against women;

   (iii) risks to family life and unity.

   (c) that the IRB be designated a "court of first instance" to determine whether a person's rights under the Canadian Charter of Rights and Freedoms would be violated should he/she be required to leave Canada and return to her/his country of nationality;

   (d) that the selection and training of members of the IRB be done in a fair, unbiased, and open manner, as more specifically stated in previous CCR resolutions;

   (e) that a person have the right to an appeal on the merits from the decision of the IRB in accord with CCR Resolution 24, May 92;

   (f) that there be a pre-removal review conducted by the IRB to determine if there has been any change in circumstances which would alter the IRB's initial decision on the person's claim for Convention Refugee status and on whether that person would face other risks;

   (g) that a person has the right to paid counsel at the initial hearing before the IRB, at the appeal on the merits, and at the pre-removal review.

2. Request meaningful consultation on the issues addressed prior to the drafting of legislation on these matters.

That the CCR urge that:

1. Refugee claimants be included in any and all funding formulas as legitimate recipients of settlement services throughout Canada;
2. Additional funds be made available for settlement agencies to provide appropriate levels of services to this client group;
3. The provinces that receive fewer numbers of refugee claimants not be financially penalized by this reality.

That the CCR adopt the above-mentioned position paper and communicate it to Citizenship & Immigration Canada with the request that it be considered and its implications discussed with members of the CCR.

Subject: Settlement in Canada of Refugees from Kosovo

Goal: To resettle in destinations across Canada those refugees from Kosovo now located in government "sustainment sites".

Principles: For refugees from Kosovo, as for all refugees needing resettlement in Canada, the CCR believes in a focus upon what is best for each, including:

1. Appropriate destining
2. Orientation to Canada
3. Orientation to community
4. Opportunities for refugees to make choices
5. Application of best settlement practices
6. Varied and creative approaches to successful settlement
7. Equity of services
8. Interdependence of the service-providing infrastructure

   While recognizing that the following principles can have general application to the resettlement of all refugees, with particular relevance to the refugees from Kosovo now arriving under "Operation Parasol", the CCR believes in:

9. The benefit of community involvement, and the opportunity to engender goodwill for these and other refugees
10. The need for appropriate training and support of volunteers
11. Access to the service-providing community's long experience
12. The mutually supportive roles of Sponsorship Agreement Holders and Service Providing Organizations
13. The commitment of both sponsoring and service providing organizations to "welcome the stranger", transcending and extending any contractual arrangements with government to provide sponsorship or services
14. The responsibility of the Federal government to provide adequate resources so that the commitment and obligation of the responding community can be fulfilled to the best standards developed over the past twenty years
15. The need for communication, partnership, consultation, and co-ordinated response among all levels of government, sponsoring organizations and service providing organizations in a spirit of goodwill and common objectives;

That the CCR urge Canada to provide funding for the continuation of the firewood program for Dadaab, Kenya.

That the CCR call upon the Canadian government to ensure that foreign governments treat all Canadian citizens equally.

That the CCR:

1. Call on the appropriate departments of the Government of Canada to:

    

   a)remind visa offices of the often broader interpretation of the Refugee Convention in Canadian law than that demonstrated by some other countries, particularly with respect to the absence of a requirement for persecution to be at the hands of the state;

   b)ensure that in cases where the applicant does not meet the Convention definition but has a private sponsorship that the relatively broader provisions of the Asylum Class are thoroughly considered;

   c)strengthen and regularize consultation between visa offices and local and Canadian NGOs involved in resettlement;

   d)establish and implement a meaningful review of negative decisions on resettlement cases similar to that recently adopted by US INS;

2. Call on the Government of Canada to play a prominent role in convincing other governments to interpret the Convention in a broad manner;
3. Ask the Government of Canada to urge other governments to allow applicants for resettlement in Canada to remain in their countries of asylum pending determination of their applications by Canada.

That the CCR:

1. Continue to energetically oppose, by all means possible, the implementation of this policy;
2. Prepare a letter and information kit which CCR members can use to lobby their M.P.s, and to mobilize support from other organizations involved in human rights work.

That the CCR write to the Ontario Ministry of Education urging that eligibility for funding for language support:

1. be extended to at least five years;
2. be measured relative to the students' arrival in the Ontario school system to allow for adequate support for Canadian born children who start school without English skills and to allow for secondary migration from Quebec.