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Inland Protection

Written lists

Resolution number
16
Whereas
  1. CIC has a list of countries to which it does not at present deport nationals from those countries, but has not made this list available in writing;
  2. The recommendations made to the Minister by the Advisory Committee on Country Conditions for Removal are not made public;
  3. Neither the Minister's decisions to suspend nor to resume deportations are communicated to the public;
Therefore be it resolved

That the CCR:

  1. Write to the Minister of Citizenship and Immigration requesting a written confirmation of the list to which Canada does not presently deport nationals of these countries;
  2. Request that the Minister direct the Immigration department to automatically make public in writing any further decisions regarding either suspensions or resumptions of deportations.
Working Group
Inland Protection

Nigeria

Resolution number
15
Whereas
  1. Canada has taken a laudable leadership role within the Commonwealth in the initiative to condemn the Nigerian government for its extensive violation of human rights;
  2. The Minister of Foreign Affairs has declared that human rights should be an important consideration in Canadian foreign policy;
  3. Canada has suspended diplomatic relations with Nigeria and closed its embassy in Lagos;
  4. The Minister of Citizenship and Immigration has still not made a decision to suspend deportations to Nigeria, thus creating a contradiction in policy between two Ministers of the same government;
  5. This policy may put Nigerian nationals deported back to their country at special risk of harassment and retaliation and persecution;
Therefore be it resolved

That the CCR:

  1. Write to the Minister of Citizenship and Immigration requesting an immediate suspension of deportations to Nigeria;
  2. Write to the Minister of Foreign Affairs asking for his intervention in this matter;
  3. Distribute copies of the above letters to all members of the CCR requesting them to also send similar letters;
  4. Publicize our position in a communiqué issued to the media and other relevant organizations.
Working Group
Inland Protection

DRC rejections

Resolution number
13
Whereas
  1. Many claimants from the former Zaire, now the DRC, are being refused by the IRB;
  2. Many of the decisions appear to be based on inadequate country information;
Therefore be it resolved

That the CCR write:

  1. The chair of the IRB urging that a training session regarding current country conditions in Zaire/DRC be organized on an urgent basis, and that lawyers and NGOs be invited to participate;
  2. The Refugee Branch requesting the same for PCDOs.
Working Group
Inland Protection

RCO's seconded from CIC

Resolution number
12
Whereas
  1. CIC has responsibility for enforcement of the Immigration Act including, among other things, interdiction, the assessment of eligibility of refugee claimants, the opposing of refugee claims in certain instances and the removal of unsuccessful refugee claimants from Canada;
  2. The employment by the IRB (CRDD) of RCO's previously or presently employees of Canada Immigration gives rise to an appearance of bias and is inconsistent with the non-adversarial model of refugee determination;
Therefore be it resolved

That the CCR express its opposition to the recruitment of previous or present CIC employees for the role of RCO.

Working Group
Inland Protection

DIRB sources

Resolution number
11
Whereas
  1. The IRB (CRDD) currently allows documents from its Documentation Centres to be entered into evidence at hearings despite the absence of the name of the source of the document;
  2. This practice contravenes the principles of fairness;
Therefore be it resolved

That the CCR urge the IRB to ensure that any document supplied by the IRB's documentation centre contain proper identification and naming of sources of any information in that document when that document is entered into evidence at a hearing.

Working Group
Inland Protection
Subject
IRB

IRB guidelines on unaccompanied minors

Resolution number
10
Whereas
  1. The IRB Chairperson has issued guidelines on unaccompanied minors;
  2. There is nothing in the guidelines to encourage expedited hearings, nor avoiding full hearings, nor on recognizing the principle of family reunification;
  3. There are often compelling reasons to expedite unaccompanied minors and very little difference between their claims and the claims of their parents, siblings or relatives whose claims have already been adjudicated positively;
Therefore be it resolved

That the CCR write to the IRB Chairperson to recommend that:

  1. Expedited hearings be generously used for such children;
  2. The IRB develop substantive guidelines for children which will include family reunification as one of its principles.
Working Group
Inland Protection
Subject
Family reunification
IRB
Children

Unaccompanied minors entering Canada

Resolution number
9
Whereas
  1. The Ports of Entry at the US border have not in the past allowed unaccompanied minors to enter Canada to make refugee claims without a guardian to receive them;
  2. Due to the work of VIVE Buffalo and CIC P.O.E. at Niagara, an agreement has been reached to allow unaccompanied minors to enter Canada rather than be returned to the US;
Therefore be it resolved

That the CCR request that the Department implement a National Policy allowing entry of unaccompanied minors on the same basis as the Buffalo/Niagara agreement.

Working Group
Inland Protection
Subject
Children
Port of entry

CIC information-gathering guidelines

Resolution number
8
Whereas
  1. The CCR is aware of numerous cases in which CIC's information-gathering practices have jeopardized the security of refugee claimants and their families;
  2. The CCR is not aware of the existence of any adequate CIC guidelines on information-gathering practices;
Therefore be it resolved

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

  1. Draft and implement guidelines for the gathering of information concerning Convention refugee claimants;
  2. Ensure the Guidelines so developed are similar in nature and intent to the IRB's Guidelines with respect to the gathering of claimant-specific information and include the assurance that the security of the refugee claimant and his/her family will be paramount and that notice is given to claimants of proposed information searches with an opportunity for the claimant and his/her counsel to respond;
  3. Ensure that such Guidelines are binding on any government agency involved in the gathering of information concerning refugee claimants, including but not limited to the RCMP and CSIS.
Working Group
Inland Protection

International day of survivors of torture

Resolution number
18
Whereas
  1. The scourge of torture continues throughout the world;
  2. There is an urgent need to raise public awareness in Canada about torture;
  3. The UN General Assembly has proclaimed June 26, 1998 as the International Day in support of Victims of Torture;
Therefore be it resolved

That the CCR call upon the government of Canada to endorse the UN decision by declaring June 26 as the Canadian Day in support of survivors of torture.

Working Group
Inland Protection

Border direct-backs and detention

Resolution number
17
Whereas
  1. In June of 1996, in response to the U.S. INS detention of Canada-bound refugee claimants and the subsequent processing of said claimants for deportation, the CCR passed a resolution urging CIC to cease turning refugee claimants back to the U.S.;
  2. INS detentions of Canada-bound refugee claimants have continued and, in fact, broadened in 1998 to include detentions in the Niagara Region, Blackpool and Minnesota;
  3. INS has continued to detain certain refugee claimants, even after such claimants have received Canadian eligibility determinations, thereby denying these claimants the opportunity to pursue their refugee claims in Canada;
  4. In an April 29, 1998 letter to the President of the CCR, the Acting Director General of the Enforcement Branch, CIC NHQ, stated, "...it is our policy that no person will be returned to the United States where there is reason to believe that they will be removed from the U.S. before the scheduled eligibility determination or would otherwise be unavailable because of detention. We are reviewing our procedures manual to ensure that this is clearly understood";
  5. Despite the above-cited policy, CIC in the Niagara Region has continued to direct refugee claimants back to the United States to await eligibility determinations, which has resulted in the detention of a troubling number of people;
  6. CIC's practice at certain border crossings of closing the border to refugee claimants on certain days of the week or at certain times of the year has also led to U.S. detentions of Canada-bound refugees awaiting Canadian processing;
Therefore be it resolved

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.
Working Group
Inland Protection
Subject
Detention
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