Detention

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 advocate in favour of a centralized notification of change of address to avoid incidents of unnecessary detention and/or abandonment or dismissal of claims.

that the CCR advocate that CBSA cease this practice, provide individuals with accommodations that respect their dignity, and provide access to appropriate services.

that CCR advocate that the IRB develop a policy for decision makers that requires that all conditions of release and stay take into account the ability of the person to comply with the conditions in light of their mental health status.

that the CCR advocate in favour of:

1. The right to State-funded counsel for persons with mental health issues.
2. Access to mental health services for persons in detention, including assessment, counselling, and treatment.
3. Training on mental health issues for all CBSA officers, IRB members, designated representatives and other stakeholders.
4. Guidelines to provide for flexibility to enable PIF or BOC amendments without consequences for refugee claimants and
5. Relaxed timelines for all vulnerable persons.
6. Repeal IRPA sections 64 (2) (no appeal for a person with a sentence of 2 years or more) and 68 (a) (automatic termination of stays of removal in the event of subsequent conviction.

that the CCR ask the Minister of Citizenship and Immigration:

1. To instruct Immigration enforcement officials that all restraints be removed before an IRB hearing;
2. To ask the IRB to provide a reasonable and sufficient level of security so that restraints can be removed safely and in a way that the claimants are not compromised, the Board members remain without bias and a clear and fair refugee hearing can take place.

That the CCR urge CIC to:

1. Process refugee claimants immediately upon their arrival at the border, rather than closing the border to refugee claimants on certain days of the week or at certain times of the year.
2. Discontinue the practice of directing refugee claimants back to the United States.
3. In cases where Canada-bound refugee claimants have been detained by the INS, request that INS release such individuals to Canada to proceed with Canadian refugee claims.

That the CCR urge CIC to:

1. Amend and adopt the draft National Detention Standards in line with NGO proposed amendments;
2. Establish management oversight boards for CIC detention facilities and an effective complaint mechanism for detainees and NGOs;
3. Adopt national detention standards for persons detained in non-CIC facilities.

That the CCR urge CIC to disclose the findings of the Red Cross reports as fully as possible consistent with the principles of the Red Cross including confidentiality.

That the CCR renew its request for the urgent establishment of an independent ombudsperson’s office, for complaints about Immigration practices, especially on detention issues.