CCR Resolutions Database

Search here for CCR resolutions. You can also consult resolutions by date of adoption.

Res.: 14 , Nov 1993
Whereas:
  1. From mid-August to early September, Canada asked Somali asylum-seekers in Kenya having close links to Canada (including brothers and sisters), to identify themselves for the Canadian resettlement program;
  2. This raised high expectations among residents in the southeastern camps where the notices appeared;
  3. Somali Canadians have as a result been pressured by relatives in these camps to put in undertakings;
  4. This has caused great frustration in the community for those unable to make these commitments. In addition, the fact that the CIC officers knew nothing of these notices, and denied their existence, added confusion to frustration;
Therefore be it resolved:

That the CCR strongly urge the Department of Citizenship and Immigration to honour the promise implicit in these notices, and facilitate the entry to Canada of parents and their dependent children through the government sponsorship process, where the family in Canada is not yet sufficiently settled to place an undertaking of assistance.

Res.: 22 , Nov 1993
Whereas:
  1. There is now available a draft memorandum of understanding between Canada and the U.S. to provide for the allocation of determination of refugee claims between the two countries;
  2. This draft memorandum has not been signed and may be changed if the governments of the two countries agree;
Therefore be it resolved:

That the CCR ask the governments of the U.S. and Canada to amend the memorandum of understanding to incorporate the following changes:

  1. Country of Determination
    1. The country of determination should be the one chosen by the claimant.
    2. If the rule of country of choice is not accepted, and the rule of first arrival remains, the rule of first arrival should not apply in every case.
    3. Where the claimant has a family member in one state, and the country of first arrival is another, the claimant should be free to choose between the country of first arrival and the country where the family member is present.
    4. "Present" for this purpose means physically present. It would cover family members who have no status in the country of choice, but are only there for the purpose of making a refugee claim.
    5. Family member, for this purpose, means both the family class and assisted relatives.
    6. Where the claimant has a visa for one state and the country of first arrival is another, then the claimant should be able to choose between the country of first arrival and the country of visa issuance.
    7. Where the claimant has been lawfully present in the country of second arrival at any time prior to the claim, the claimant should be able to choose the country of claim.
    8. A country of transit should not be considered a country of first arrival.
  2.   Safeguards
    1. The parties should agree to apply minimum standards of procedural fairness in the determination of refugee claims. The agreed minimum standards would be listed in the memorandum.
    2. The parties should agree not to deter the making or maintaining of refugee claims either by detention or by any other means.
  3.   Access
    1. The parties should each agree to grant access to its refugee determination system on the merits of the claim to every person allocated under this agreement.
    2. The undertaking to examine claims should include persons who are at the border as well as persons who are in the country.
  4. Confidentiality
    1. Any information exchanged under this agreement about individuals should be considered confidential and may not be passed on to any third party.
    2. Any information about an individual that is exchanged under this agreement must be accessible to that individual without regard to any exclusion that may exist in the privacy legislation of either country about information exchanged between governments.
  5. Appeals
    1. The parties should establish a joint appeal tribunal to consider and decide on appeals from persons whose determination of claims have been allocated under this agreement, and who have been denied refugee recognition.
    2. The appeal tribunal should be a judicial body independent from both governments.
    3. Access to the tribunal should be subject to an admissibility requirement. The tribunal should be able to consider any appeal from a person allocated under the memorandum where there is a reasonable possibility that the determination would have been different if the claim had been in the other country.
    4. The appeal tribunal should have the power to reverse a negative determination and determine the person to be a refugee.
    5. The appeal tribunal would also have a power to decide disputes between the two state parties or between claimants and a state party on the country of allocation.
  6. Third Countries
    1. Removal of a person allocated under this agreement to a third country should not be possible unless the claimant has a right to have his/her claim considered on the merits in the third country.
    2. Removal of a person allocated under this agreement to a third country should not be possible unless there is an agreement with the third country that incorporates all the provisions that are in this memorandum.
  7. Status of the Memorandum
    1. The memorandum should be a legally binding agreement between the state parties enforceable by refugee claimants.
    2. The parties should undertake to provide to claimants free access to the courts of their countries for the enforcement of this agreement.
    3. All international human rights or refugee protection instruments by which a signatory state may be bound, including the Geneva Convention for the Protection of Refugees and Protocol, the International Covenant on Civil and Political Rights, the Charter of the Organization of American States, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on All Forms of Discrimination against Women, and the Convention against Torture, should be respected in the application of this memorandum by that signatory state. In case of conflict between an international human rights or refugee instrument by which a signatory state is bound and this memorandum, the international human rights or refugee instrument should predominate.
  8. Quotas
    1. Except in the case of a claimant whose claim has already been determined on its merits by one of the signatory states, each party should not, in any year, invoke the memorandum of agreement to allocate determination of a claim until after that country has accepted for determination on the merits a minimum number of refugee claims. The minimum for Canada should be 30,000.
  9. A Coordinating Committee
    1. A Coordinating Committee should be established, to consist of representatives of Canada, the U.S., non-governmental organizations, and the United Nations High Commission for Refugees. The Committee would be responsible for supervising the administration of the memorandum. The Committee would set the minimum numbers that would have to be reached to make the memorandum operational.
Res.: 27 , Nov 1993
Whereas:
  1. The CCR has prepared a report, dated October 18, 1993, reviewing the serious problems with the Post-Determination Refugee Claimant in Canada Class (PDRCCC);
  2. The post determination review process under the current regulations has resulted in an acceptance rate of less than one percent and this process is wholly unsatisfactory to the NGO community and unfair to the refugee claimants;
  3. The regulations adopted to define this process are unduly restrictive and do not permit many worthy cases to be considered fairly;
  4. The CCR has received evidence of instances which may amount to cruel or inhuman or degrading treatment of victims of torture and other persons of concern to members;
Therefore be it resolved:

That:

  1. The CCR call for an independent and impartial inquiry into this treatment;
  2. The CCR demand that the government revise the criteria for the review process so that the immigration officials' discretion not be unduly fettered and normal humanitarian considerations be addressed;
  3. The CCR ask that the government make a clear commitment not to deport torture victims, and particularly victims of rape, unless there be clear and imperative reasons to deport these persons related to serious criminality;
  4. The CCR request that the evaluation under the post-determination review be completely separated from the officials in charge of deportation and that the review officers receive proper training in Canada's international obligations;
  5. The CCR call upon the government to address in an effective and open fashion all the concerns raised by the recent report by the CCR.
Res.: 7 , Nov 1993
Whereas:
  1. Persons accepted on humanitarian and compassionate grounds must meet the admissibility criteria as set out in Section 19 of the Immigration Act;
  2. According to Section 19(1)(b) of the Act, anyone who represents a burden on society, among others women who receive social assistance, is inadmissible as an immigrant;
  3. This clause is seriously prejudicial to single mothers and other women who have parental responsibilities for children they have in their care, who have been accepted on humanitarian grounds, or who would have been accepted were it not for this provision;
Therefore be it resolved:

That the CCR request the Minister of Citizenship and Immigration to take measures so that the Immigration officers not consider Section 19(1)(b) of the Act when establishing whether a single mother, or other woman who has parental responsibilities for children in her care, meets the admissibility criteria.

Res.: 12 , Nov 1993
Whereas:
  1. CCR Resolution 6, May 1993, called on the Canadian embassy in Ankara to recognize the risk to the lives of Kurdish refugees and expedite their resettlement in Canada;
  2. There are approximately 400 Iraqi refugees identified by the UNHCR who are living in wretched conditions in camps in Turkey even though they were accepted by Canada over one year ago;
  3. Medicals are beginning to expire as a result of the long delays;
  4. These people have not been considered for resettlement in other countries because of their acceptance by Canada;
  5. Tension in camps is rising and there is fear of refoulement;
Therefore be it resolved:

That the CCR contact the Minister of Citizenship and Immigration exhorting Canada to let all of these already accepted refugees depart for Canada immediately.

Res.: 15 , Nov 1993
Whereas:
  1. The government has announced that it will no longer offer full immigrant processing at all visa posts and will centralize immigrant processing worldwide;
  2. There is already a limited number of visa posts with full immigration consulars;
  3. This creates hardships particularly in affected countries and more particularly creates hardships for women who are restricted financially and socially from accessing these posts;
Therefore be it resolved:

That the CCR contact government officials to express its concern over the reorganization, pointing out the negative impact in limiting access particularly for women.

Res.: 20 , Nov 1993
Whereas:
  1. 85% percent of the world refugee population are women and children and the number of refugee children exceeds 10 million;
  2. Refugee children are the most vulnerable sector of refugees all over the globe;
  3. Refugee girls are persecuted for their gender and refugee children bear responsibilities for childcare and for parenting of younger children;
  4. Refugee children suffer regular violations in camps which rarely gain attention and condemnation in the media, including hard physical labour, malnutrition, epidemics, rape and are deprived of adequate schooling and education opportunities;
  5. Unaccompanied children and minors suffer detention in many countries;
  6. The defense and protection of refugee children has not received adequate attention in educational material and international legal conventions;
Therefore be it resolved:

That the CCR take action with the Canadian government and relevant international organizations to:

  1. Call for an international legal instrument for the protection of refugee children as a supplement to the Geneva Convention and Protocols;
  2. Call for an increase in relief aid and educational resources to refugee children, especially those in camp situations;
  3. Increase the numbers of unaccompanied minors resettled in western countries, after suitable efforts at family reunification have been exhausted;
  4. Demand an end to the detention of refugee children and call for the use of other more humane mechanisms to accommodate these children;
  5. Call for measures to eradicate prostitution, rape, female genital mutilation and other abuses in refugee camps, and for resources to be made available to assist in the healing of children victimized by these abuses;
  6. Call for humane measures concerning international adoptions of refugee children.
Res.: 25 , Nov 1993
Whereas:
  1. The Federal Court of Appeal recognized in the Cheung case that a woman fearing forced sterilization in P.R.C. is a member of a social group and a Convention refugee;
  2. In a subsequent decision, the Chan case, the Federal Court of Appeal maintained, with a dissent, that a man fearing forced sterilization is not a member of a social group and is not a Convention refugee;
  3. This latter decision is pending leave to appeal before the Supreme Court of Canada;
  4. This latter decision has the effect of restricting the scope of the definition of social group as developed by the Supreme Court in the Ward case;
Therefore be it resolved:

That the CCR intervene in this case if leave is granted, subject to availability of funds.

Res.: 5 , Nov 1993
Whereas:
  1. The intent of training is to improve the quality and accessibility of settlement service delivery for immigrants and refugees by improving the skills of settlement workers;
  2. The demand for training in all regions of the country is increasing;
  3. Training programs do not exist in most parts of the country, and where they do exist they are underfunded;
Therefore be it resolved:

That the CCR play a leading role in advocating to the federal government for the expansion of existing and the creation of new funding programs for settlement training.

Res.: 10 , Nov 1993
Whereas:
  1. The United Nations persuaded the Kurds of Northern Iraq to return to their homeland;
  2. The current food, medicine and electricity shortages as well as the "double embargo" are all combining to cause great suffering to the people of Iraqi Kurdistan, and to create sentiments of frustration and distrust of the allied forces among some of the Kurds;
Therefore be it resolved:

That the CCR request the Department of External Affairs to urge the United Nations to ensure that adequate economic aid is given to the people of Iraqi Kurdistan to ensure that basic needs are met, thereby promoting greater overall stability in the region.

Res.: 23 , Jun 1993
Whereas:
  1. The CCR passed resolution #11 and #18 at the May 1992 Consultation;
  2. The CCR is still concerned with the quality and the independence of the CRDD members;
  3. To be suitable Board members must have positive attitudes towards people of diverse cultures backgrounds and should not stereotype;
  4. Board members ought to be sensitive to the unique needs of refugee women claimants and be aware of the special forms of persecution directed at women;
  5. The previous government addressed part only of the concern by advertising vacancies and allowing for disciplining and removal of members;
  6. A political culture of cynicism and callousness towards refugees has developed in some regions and among some board members;
Therefore be it resolved:

That the CCR contact the new Minister of Immigration and request that:

  1. Resolution #11 and #18 be implemented and a continuous program of sensitivity training be established;
  2. The CCR and appropriate regional Bars be involved in the review and confirmation of continuing contracts of members;
  3. The IRB develop a continuous review of Board members who are unsuitable and develop a procedure to remove or discipline such members.
Res.: 24 , Jun 1993
Whereas:
  1. In December 1988 the government promised refugee claimants in the Refugee Claimant Backlog a swift and simple resolution of their cases;
  2. Since 1989 the CCR and its members have repeatedly responded to evidence of stress and misery resulting from this protracted process by calls to the previous government to allow the persons to proceed to landing;
  3. Some persons have been denied landing because their spouse has a minor criminal infraction;
  4. Almost 5 years later in November 1993 there are persons remaining in Canada whose status has not yet been resolved;
  5. A person has the right to have such a civil suit resolved in a reasonable time, which is less than 5 years;
  6. Many persons remain under constant threat of removal from a country where they have become established because their situation has not been finally resolved by the federal government;
Therefore be it resolved:

That the CCR and its members now call upon the federal government to suspend removal of persons in the refugee claimant backlog and allow them and their families to be processed for landing in Canada.

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