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CCR Resolutions Database
- Res.: 14Whereas:
- The CCR is concerned that the drive for efficiency at the CRDD is resulting in the denial of the right of claimants to full and fair hearings;
- The CCR is concerned about allegations of bias by members at the CRDD in their rendering of decisions in claims based on sexual orientation;
- The CCR is concerned that the inability of lawyers to obtain conventional tape recordings of CRDD hearings is placing obstacles in the way of a claimant's right and a lawyer's ability to apply properly for leave to commence judicial review proceedings at the federal court;
- The CCR is concerned about the misconduct by RCOs during refugee claim hearings;
Therefore be it resolved:That the CCR write to the chairperson of the IRB to express our concerns and request action on the above issues.
- Res.: 19Whereas:
- François Crépeau and France Houle have prepared a report entitled Compétence et Indépendance, dated 6 March 1998 which makes seven key recommendations on the IRB appointments process;
- The report was endorsed by CCR's IRB workshop in Ottawa on 28 November 1998;
Therefore be it resolved:That the CCR endorse and promote the recommendations of the report on the appointments process.
- Res.: 2Whereas:
- The settlement agencies of Ontario have been living with uncertainty since the introduction of "Settlement Renewal" three years ago;
- The Ontario Government does not appear to want the responsibility of settlement;
- Clients' needs are best served by stable agencies which are focused on client service;
- Many of the practices of Ontario Region are inconsistent with the practices of other CIC regions;
Therefore be it resolved:That the CCR:
- Write to CIC National Headquarters asking that:
a)The Federal Government cease active pursuit of negotiations on settlement renewal with the government of Ontario;
b)CIC Ontario Region proceed as if settlement renewal will not go forward.
- Suggest that CIC improve their management of ISAP, Host and LINC contracts by:
- Reducing the micro management of contracts, by, among other things, moving from monthly to quarterly reporting and by being more flexible and, at a minimum, implementing the ISAP Handbook which states that "you may shift funds from one cost category to another without prior approval";
- Respecting agencies' difficulties with cashflow and interest charges by systematically making reasonable advances of funds;
- Paying salary and administrative costs, including benefits, at a just level of remuneration across the country;
- Seeking substantive agency input into all of the above.
- Res.: 7Whereas:
- All Canadian passport holders are equal regardless of country of origin;
- Canadian passport and travel document holders have suffered violations of their human rights by foreign governments at foreign ports of entry on the basis of their country of origin;
Therefore be it resolved:That the CCR call upon the Canadian government to ensure that foreign governments treat all Canadian citizens equally.
- Res.: 12Whereas:
- Some countries interpret the Refugee Convention in a narrow and technical manner denying effective protection to refugees;
- Canadian visa officers sometimes show too much deference to the decisions of tribunals of other countries which have refused refugee claims which under the Canadian interpretation of the Convention would be accepted;
- Canada's visa offices are inconsistent in their efforts to establish meaningful channels of communication with local and Canadian NGOs involved in resettlement;
- Canada has failed to put in place meaningful review of negative decisions despite a refusal rate significantly higher than other resettlement countries;
- Applicants for resettlement from some countries are deported from those countries despite having applications for resettlement to Canada pending, particularly in light of the frequent long processing times for such applications;
Therefore be it resolved:That the CCR:
- 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;
- Call on the Government of Canada to play a prominent role in convincing other governments to interpret the Convention in a broad manner;
- 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.
- Res.: 17Whereas:
- Canada has suspended deportations to Algeria, Democratic Republic of Congo (ex-Zaire), Afghanistan, Rwanda, & Burundi;
- CIC does not consider this policy to cover removals to third countries, principally the United States;
- A significant numbers of claimants arrive at Canadian border points via the United States, often as a result of Canadian interdiction practices;
- A growing number of refused refugee claimants face an imminent danger of being removed to the United States, a country which at present has no suspension of deportations to the above-named countries;
- The CCR has written several times to the Minister of Citizenship and Immigration Canada, in the spring and summer of 1998, asking her to suspend removals of these individuals to the United States;
- CIC has to date maintained its policy;
Therefore be it resolved:That the CCR:
- Continue to energetically oppose, by all means possible, the implementation of this policy;
- 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.
- Res.: 5Whereas:
- Acquisition of language is key to the educational process;
- Adequate language funding in the school system is important to the future success of immigrant and refugee children;
- Current Ontario government policy only allow for three years of language support from the time of arrival in Canada;
Therefore be it resolved:That the CCR write to the Ontario Ministry of Education urging that eligibility for funding for language support:
- be extended to at least five years;
- 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.
- Res.: 10Whereas:
- The Canadian Council for Refugees has promoted the involvement of NGOs in the identification of refugees overseas;
- Citizenship and Immigration Canada`s refugee resettlement model proposes the involvement of NGOs as overseas service partners;
Therefore be it resolved:That the CCR adopt as its position its paper Conditions for the Involvement of NGOs as Overseas Service Partners.
- Res.: 15Whereas:
- The Immigration and Refugee Board has begun to conduct refugee hearings using video-conferencing whereby IRB members in one city conduct hearings on claimants in another city;
- The IRB has done no analysis of the impact of such video-conference hearings on the ability of claimants to have a fair hearing;
- The use of video-conference hearings is contrary to the IRB's own stated policy of making the setting of refugee claims less intimidating and less formal;
- The use of video-conferencing for refugee hearings is a denial of due process to refugee claimants;
- Videoconferencing is also being used in detention reviews, similarly compromising the rights of detainees to a fair hearing;
Therefore be it resolved:That the CCR call upon the IRB to immediately stop the use of video-conferencing for the conducting of refugee claim hearings and detention reviews.
- Res.: 20Whereas:
There have been numerous formal and informal complaints about the IRB procedures and members have not been treated seriously;
Therefore be it resolved:That the CCR ask that the mandate of Mr Ratushny be expanded to include the complaints process and violations of fundamental rights in all of the CRDD's regions, the details of which are to be provided by the Working Group on Refugee Protection.
- Res.: 3Whereas:
- There has been inadequate consultation with immigrants into their views on the proposed IMM 2000 card;
- The stated purpose is to prevent fraud which suggests that landed immigrants are perpetuating fraud;
- There will be costs to the landed immigrant over and above the discriminatory Right of Landing Fee (Head Tax);
- There are concerns about the information that will be able to be accessed by the IMM 2000 card;
- We believe that the use of biometrics is a violation of basic human rights;
Therefore be it resolved:That the CCR contact the Minister of Citizenship and Immigration and request consultations with the CCR and representatives of new Canadian communities before proceeding further with the IMM 2000.
- Res.: 8Whereas:
- Colombia continues to experience a plague of human rights violations with comparatively little world attention and near total impunity for the perpetrators;
- The Colombian government continues to disavow responsibility for the human rights violations;
- On 16 May 1998 Colombian paramilitaries murdered seven people and disappeared 25 others in Barrancabermeja;
- A campaign has been organized by a coalition of Colombian NGOs to try the perpetrators of this crime in public opinion tribunals in several countries, including Canada;
Therefore be it resolved:That the CCR wholeheartedly embrace the international campaign for people's opinion tribunals to judge and allocate responsibility for the May 16, 1998massacre in Barrancabermeja, Colombia
- Res.: 13Whereas:
- The CCR supports the right of the Canadian government to deny refuge to people who have committed crimes against humanity and to others who pose serious national security threats, except where refoulement is in contravention of the Convention Against Torture or where there will be a risk of capital punishment;
- It is the right and duty of the state to ensure that a just system for identifying such persons is in place;
- The definitions in the Immigration Act relating to inadmissibility on the basis of security are over-broad;
- Decisions regarding security inadmissibility are made without respecting the due process rights of those affected;
- There is no time limit within which a decision may be made, leading to indefinite delays for some of those affected;
Therefore be it resolved:That the CCR call on the Canadian Government to:
- Introduce a system for identifying potential security risks with:
a)a right to a hearing before an independent decision-maker for those alleged to be inadmissible on security grounds;
b)protection of due process rights;
c)an obligation to render a decision within a fixed time frame;
- Amend the Immigration Act to give a more precise definition of security risk.
- Res.: 18Whereas:
The CCR is concerned that refugee claims are being put into the abandonment - show cause stream at the IRB because claimants are being served by CIC with their eligibility and referral documents several days after the date of issuance of these documents;
Therefore be it resolved:That the CCR:
- Write to CIC to ensure that claimants are served their eligibility and referral documents in a timely fashion;
- Write to IRB to request that abandonments not be scheduled where the claimant has not enjoyed the full period for filing their PIF due to slow determinations of eligibility, making reference to the related inquiry from the BC Legal Services Society, which has not yet been replied to.
- Res.: 1Whereas:
- Civic participation, including taking out citizenship, being aware of political issues and voting, is key to full participation in Canadian society;
- Political representation seems to be lagging behind demographic change;
Therefore be it resolved:That the CCR urge its members to:
- Actively encourage more civic participation by immigrants and refugees;
- Explore the development of programming to facilitate this goal.
- Res.: 6Whereas:
- Convention refugees who have not been landed are living permanently in Canada;
- Access to higher education is a key to Canadian life and economic independence;
Therefore be it resolved:That the CCR:
- Write to the minister of Human Resources Development Canada urging him to amend the Canada Student Loans Act to include Convention Refugees in their eligibility criteria;
- Urge its members to raise this issue with their local Members of Parliament;
- Encourage provincial governments to:
a) advocate this change with the Federal government;
b) make the same change in their provincial legislation.
- Res.: 11Whereas:
- The CCR has passed an earlier resolution that the Right of Landing Fee is discriminatory, exclusionary and racist because of the vast variance in country and individual income around the world, and is particularly burdensome for refugees;
- Previous to 1995 refugees were not charged interest on transportation loans, admissibility loans and assistance loans;
- The interest rate charged is above prime rate;
Therefore be it resolved:That the CCR:
- Continue to call for a repeal of the Right of Landing Fee for all newcomers accepted for landing in Canada;
- Insist that no interest be charged on any immigration loans;
- Urge the government, pending legislation to repeal interest charges, to charge no more than the prime rate.
- Res.: 16Whereas:
The nomination process and the renewal of mandates at the IRB do not have the confidence of the legal and human rights communities;
Therefore be it resolved:That the CCR:
- Call for a moratorium on nominations and non-renewals until a fair process can be instituted.
- Ask the Parliamentary Committee on Citizenship and Immigration to hold hearings on these issues.
- Res.: 4Whereas:
- Immigrants and refugees are coming to this country with qualifications and professional skills that are needed in Canada;
- Many newcomers have been denied access to their professions or trades because of inflexible accreditation bodies;
Therefore be it resolved:That the CCR call on the federal and provincial governments to ensure that there is a fair process whereby newcomers can gain recognition of the skills they acquired elsewhere and have:
- access to training to meet Canadian standards;
- a right of appeal from denial of such recognition or access.
- Res.: 4Whereas:
- The Human Rights Code includes sexual orientation as one of the prohibited grounds for discrimination in Canada;
- Gay men, lesbians, bisexual and transgendered individuals are as much a part of the immigrant and refugee communities as they are part of every community;
- Settlement agencies have the responsibility to provide relevant, effective and appropriate services to these further marginalized immigrant and refugee communities;
- The staff of settlement agencies, as part of a society that has heterosexist privilege, may have internalized a world view that further marginalizes these groups;
- This will impact negatively on the ability of the sector to provide effective settlement services to gay, lesbian, bisexual and transgendered immigrants and refugees;
Therefore be it resolved:That the CCR play a proactive role in supporting the rights of gay, lesbian, bisexual and transgendered immigrants and refugees by:
- a) Becoming familiar with the issues affecting lesbian, gay, bisexual and transgendered immigrants and refugees, with the agencies providing specialized services to these communities, and with the immigration options available to them;
b) Providing training opportunities at conferences for settlement staff to begin to challenge attitudes which discriminate against lesbian, gay, bisexual and transgendered refugees and immigrants;
c) Developing internal policies that affirm the rights of individuals who are lesbian, gay, bisexual and transgendered immigrants and refugees;
d) Applying inclusive hiring practices that encourage the employment of staff from these communities.
- Taking a proactive role in encouraging CCR member agencies to accept their responsibility to provide appropriate settlement services to lesbian, gay, bisexual and transgendered immigrants and refugees by undertaking the same initiatives outlined above.
- Res.: 9Whereas:
- Visa officers appear to be refusing an increasing number of privately sponsored refugee applicants;
- There is no appeal from such refusals except by way of judicial review which few applicants are aware of or resourced to pursue;
- Canada Immigration National Headquarters staff have indicated no more exact figure than that between 40% and 60% of privately sponsored refugees are refused;
Therefore be it resolved:That the CCR:
- Obtain from the Minister of Citizenship and Immigration broad based statistical information on refusals of privately sponsored applications.
- Request that the Minister put in place policy which requires visa posts to give sponsoring groups and refugee applicants detailed reasons for the refusal of an application.
- Res.: 14Whereas:
- Article 28 of the 1951 Geneva Convention requires contracting states including Canada to issue travel documents to Convention Refugees;
- The present Canadian practice is normally not to issue travel documents to Convention Refugees until they have been granted permanent resident status;
- There are long periods between the recognition of refugee status and the issuance of landing status especially for those without identity documents;
- Even Convention Refugees who are landed are routinely denied travel documents and told instead to obtain passports from the very governments they have fled;
- Even after landing, there are prolonged periods of 3 months or more to finally obtain travel documents;
- Inability to travel outside of Canada to visit family relatives and/or facilitate family reunification causes tremendous difficulties for refugees;
Therefore be it resolved:That the CCR:
- Write to the Ministers of Justice, Foreign Affairs and Immigration requesting that they comply with Article 28 of the Refugee Convention by issuing travel documents, unconditionally and in an expedited manner, to Convention Refugees once they have been granted refugee status and not wait until they are landed.
- Call on the UNHCR to make a similar intervention with the Canadian government.
- Call on the Canadian government to stop asking Convention Refugees, be they landed or not, to obtain passports from their country of origin.
- Res.: 2Whereas:
- In many areas immigration policy affects men and women differently;
- There is no central coordination of gender analysis within the Immigration Department;
Therefore be it resolved:That the CCR call on CIC to establish a gender policy advisor.
- Res.: 7Whereas:
- There are 3,000 Assyrian Christians who fled Iraq due to the war and persecution and are living temporarily in Jordan;
- There are 2,000 Assyrian Christians living temporarily in Turkish refugee camps;
- There have been many cases of further mistreatment in both Turkey and Jordan;
Therefore be it resolved:That the CCR:
- Write to the UNHCR and ask them to monitor the treatment of Christian Assyrians by the Jordanian and Turkish governments.
- Write to the Turkish and Jordanian authorities and ask that they protect refugees in their countries.
- Write to the Minister of Citizenship and Immigration and request that her department meet with the Assyrian Christian community and help them sponsor Assyrian refugees to Canada.
- Res.: 12Whereas:
- Bill C-40 contains provisions which amend the Immigration Act to deem some persons facing extradition to have received a decision of the Immigration and Refugee Board and to be found not to be a Convention Refugee even though no hearing of the Immigration and Refugee Board was actually held;
- These amendments to the Immigration Act deny refugee claimants their right to a hearing before the IRB and to make submissions to establish their claim to refugee status;
- International human rights have been involved in extraditions and expulsions by Canada and have been the object of views by the United Nations Human Rights Committee, for example, in the cases of Ng, Khan, and Cox;
- In the Covenant on Civil and Political Rights Canada has accepted responsibility for measures necessary to ensure these international rights;
Therefore be it resolved:That the CCR:
- Call upon the Government of Canada to withdraw the proposed amendments and redraft them to ensure refugee claimants' rights to a fair hearing before the IRB are protected and to ensure that the Extradition Act and Immigration Act conform with Canada's international human rights treaty obligations and related international standards;
- Request the Standing Committee on Citizenship and Immigration review the proposed amendments and accept submissions from the CCR and other interested parties.
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