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CCR Resolutions Database
- Res.: 4Whereas:
- Settlement agencies received a memo dated Nov. 2, 2001 indicating that “Enhanced Reliability” clearances on LINC, ISAP, RAP and Host staff will be a contract requirement as of 2002-2003, referring to this as a measure prompted by the events of September 11;
- The memo is unclear about which staff will be subject to such requirements;
- The memo implies that CIC is creating a vulnerable computer system after having assured settlement agencies that the system would be secure;
- The CCR fails to see any connection between September 11 and credit checks on those handling valuables;
- Agencies are liable for the actions of their staff and volunteers and thus have measures in place to assure their reliability;
- Preliminary investigation indicates that no other federal department which manages contribution agreements, such as HRDC, Health Canada, CIDA, etc., are implementing similar measures;
Therefore be it resolved:That the CCR:
- Request clarification from CIC regarding:
a) What staff CIC believes need a security check and why.
b) What credit checks are envisaged, whether they include volunteer board members who have bank signing authorities, and why.
c) Why there is a rush on checks on staff using a computer system which we had been assured was secure and through which agencies would only have access to data regarding their own clients; - Urge the Prime Minister to address this issue as an example of systemic racism and the targeting of immigrants by the federal government;
- Examine the Human Rights implications of this matter with the Human Rights Commission;
- Explore the possibility of a charter challenge on this issue;
- Bring the issue to the attention of the Canadian Race Relations Foundation.
- Res.: 9Whereas:
- In April 2001, as part of the larger Integration Initiative supported by the tripartite partners in resettlement, the International Conference on the Reception and Integration of Refugees was held in Sweden. The conference endorsed resettlement and integration as important planks in the international protection system and durable solutions. Among the outcomes of the Conference is a set of principles endorsed by all the participants that provides a platform for further initiatives to take place involving traditional and emerging resettlement countries.
- One of the elements of the Initiative, the UNHCR Reception and Integration Handbook, will enunciate a framework for supporting people from refugee backgrounds in resettlement countries to rebuild their lives. This process is underway and continues to involve a Task Force made up of governmental and NGO representatives from many of the traditional and emerging resettlement countries, including Canada.
- Other outcomes have begun in less structured ways such as through informal sharing of information, site visits and exchange of material resources. In Canada, these early activities include the facilitation of site visits and conference participation by representatives from Chile, one of the emerging resettlement countries in southern South America and the resulting commitments to ongoing relationships between Canadian NGOs and the Chilean resettlement partners.
- As UNHCR does not inherently have the expertise in reception and integration issues, and as the financing of a focal point for the Integration Initiative concludes as of December 2001, the process for facilitating the continuation of the integration initiative, including the post-ICRIRR process, is vulnerable.
- Canada took a lead role in the planning process leading up to the ICRIRR conference and has endorsed the overall Integration Initiative including becoming a member of the Reference Group for the Integration Initiative and supporting governmental participation in the Task Force responsible for developing the Reception and Integration Handbook. In recognition of this leadership role, UNHCR requested the Government of Canada to Chair the Reference Group and provide leadership in facilitating the post ICRIRR process. To date Canada has not responded to this request.
- The ICRIRR Principles include commitment to tripartite processes and the participation of relevant partners concerned with the resettlement and integration of refugees. The UNHCR Working Group on Resettlement, currently a bilateral forum, through the Reference Group for the Integration Initiative, is tasked with providing follow-up to the ICRIRR process. Furthermore, the Working Group on Resettlement is also the principal body of UNHCR and its resettlement partners for dialogue on ongoing broader refugee resettlement policies and initiatives.
- During the Annual Tripartite Consultations on Resettlement in Geneva (June 2001), participants expressed interest in including NGO representation on the UNHCR Working Group on Resettlement. Although there is receptivity to NGO presence at the Working Group this has yet to be defined and agreed upon by the existing UNHCR and governmental membership.
- The Canadian Council for Refugees was actively engaged in the preparation for and participation in the ICRIRR Conference and endorsed the principles and the resolutions evolving from the Conference. Furthermore, the CCR is also considering how it may participate more actively in international fora.
Therefore be it resolved:That the CCR:
- Urge the Government of Canada, through the Minister of Citizenship and Immigration, to reaffirm its commitment to the principles agreed to at the ICRIRR Conference in April 2001 and explore how best they may be implemented within Canada and in its relationships with other resettlement countries;
- Strongly encourage the Government of Canada, through the Minister of Citizenship and Immigration, to provide leadership by assuming the Chair of the Reference Group to the Integration Initiative and by supporting and facilitating networking between resettlement countries in the spirit of the ICRIRR process;
- Urge the Government of Canada, through the Minister of Citizenship and Immigration, to seek ways in which to support activities and initiatives undertaken by the Canadian government and by Canadian NGOs to further the principles endorsed at the ICRIRR Conference and to strengthen resettlement initiatives in emerging resettlement countries;
- Request that the Canadian Government express support, in dialogue with its governmental resettlement country partners, for the representation of NGOs at the UNHCR Working Group on Resettlement and the facilitation of Canadian NGO participation;
- Seek ways to integrate the Principles endorsed at the ICRIRR Conference into the priorities and activities of the Canadian Council for Refugees.
- Res.: 14Whereas:
- The CCR has become increasingly involved in international activities and consultations with respect to refugee protection, resettlement and integration;
- International forums and discussions impact Canada’s own policies and programs within the global context;
Therefore be it resolved:That:
- The CCR Executive Committee reassess on behalf of the membership the way in which the CCR participates in international forums, identifies representatives, develops resource support, and involves its membership, in order to be strategic in its planning and participation;
- The CCR through its Executive Committee consider the establishment of a Core Group on international issues as a means of ensuring related participation and activity in its three Working Groups.
- Res.: 1Whereas:
The CCR reaffirms Resolution 3 from November 1992 and Resolution16 from December 2000,
Therefore be it resolved:That the CCR:
- Verify with the Privacy Commissioner and the Canadian Human Rights Commission and seek independent legal advice on the ethics of: (i) agencies releasing client information without explicit, voluntary, informed client consent. (ii) having newcomers sign blanket release of information forms upon arrival, raising significant issues of informed, voluntary consent and raising issues of how agencies will be able to know which clients may have refused release of information;
- Request that CIC do a cost-benefit analysis of moving from aggregate data collection to individual data collection;
- Urge CIC to heed the suggestions in the Kathleen Stevenson report;
- Urge CIC to enter into a discussion with the sector about the desired outcomes of settlement services and base the performance measurement and program evaluation framework on these outcomes.
- Res.: 6Whereas:
- Immigrant serving agencies require operational funds to deliver services to newcomers as per the terms of contribution agreements of CIC;
- There has been an ongoing problem with service provider organizations having insufficient cashflow to deliver continuous services to newcomers due to delays in the approval of new contribution agreements;
Therefore be it resolved:That the CCR call on CIC to be accountable to the service providers and newcomers by implementing timely application and approval target dates to ensure that new contribution agreements are signed and new year advances are released before existing contribution agreements end.
- Res.: 11Whereas:
- National Detention Standards remain at a draft stage but function as de facto guidelines;
- It is acknowledged that there are no management oversight boards for detention facilities within the CIC structure and no satisfactory complaint mechanisms;
Therefore be it resolved:That the CCR urge CIC to:
- Amend and adopt the draft National Detention Standards in line with NGO proposed amendments;
- Establish management oversight boards for CIC detention facilities and an effective complaint mechanism for detainees and NGOs;
- Adopt national detention standards for persons detained in non-CIC facilities.
- Res.: 4Whereas:
- The CCR in June 1994 called on CIC to fund agencies at levels to provide for adequate working conditions;
- Staff working in CIC funded programs, including in provinces that have signed agreements, are skilled professionals;
- There is wide variation in funding levels for salaries, none of which adequately compensate staff for the work which they are doing;
- Many workers have no benefits, no pension plans, no prep time for teachers and in general sub-standard working conditions;
- Some contracts do not even allow for sick days;
Therefore be it resolved:That the CCR:
- Call on CIC to do a survey of working conditions in the sector and act to improve funding levels to allow agencies to provide reasonable working conditions;
- Investigate disparities in salary contributions in agreements with, inter alia, HRDC and Health Canada, with the objective of making a human rights complaint on discrimination in contracting.
- Res.: 9Whereas:
- The CCR opposes interdiction and has affirmed in Resolution 13 of May 93 and in the report of a task force published in May 1998 and entitled Interdicting Refugees its commitment to the right to seek asylum in Canada, but notes that the practice of interdiction continues;
- The International Air Transport Association Control Authority Working Group Code of Conduct for Immigration Liaison Officers of October 1998 provides that Liaison Officers should direct requests for asylum to the office of the UNHCR or to the appropriate diplomatic mission (paragraph 2.3);
- Interception of refugee claimants en route to Canada is normally effected by airline staff or subcontracted security firms who are not subject to the code of conduct and not by governmental Liaison Officers;
Therefore be it resolved:That the CCR ask all airlines with offices in Canada transporting passengers to Canada to adopt a code of conduct for their airline staff, the staff of any allied airlines acting as their agents, and subcontracted security firms effecting interceptions which would provide that intercepting employees provide information to every person intercepted about:
a) the refugee claim procedure in the country of interception.
b) the local office of the UNHCR.
c) the diplomatic mission of the country of destination in the country of interception.
d) local non-governmental organizations that could assist the person in making a refugee claim.
- Res.: 14Whereas:
- Citizenship and Immigration Canada (CIC) has expressed; a desire for a coordinated continuum in the refugee sponsorship process;
- CIC has issued a tender for proposal for an In-Canada Service Provider (ISP), the latest with a closing date of May 29, 2001;
- The ISP tender should have been posted for the public after budget was secured;
- The RSTP was extended to June 30, 2001 to facilitate transition to the ISP;
- There is another indefinite delay in the July 1, 2001 starting date for the ISP;
- There is a significant increase in new Sponsorship Agreement Holders (SAH) to whom RSTP/ISP would be indispensable in order for them to carry out their work effectively;
- The training and resources developed by the RSTP have enhanced SAHs effectiveness in refugee sponsorship;
- There will be a significant gap with the dissolution of the RSTP on June 30, 2001, which will result in the loss of infrastructure and knowledgeable staff;
Therefore be it resolved:That the CCR request CIC to continue funding the RSTP until such time as an ISP, based on the model developed between CIC and SAHs on February 5-6, 2001, is established.
- Res.: 2Whereas:
- Minister’s Permits have been issued for compassionate and humanitarian reasons to allow for urgent admission of individuals and families in dire circumstances;
- Minister’s Permits have been issued to persons in Canada who are inadmissible on medical grounds;
- The recipients of Minister’s Permits are not eligible for benefits available to resettled refugees and persons with permanent resident status (such as travel loans and health care);
Therefore be it resolved:That the CCR contact the Minister of Citizenship and Immigration and request that families and individuals granted Minister ’s Permits for permanent admission to Canada be given equivalent benefits to resettled refugees and permanent residents.
- Res.: 7Whereas:
- The UNHCR exclusion clause guidelines of December 1996 provide that:
a) in principle, the applicability of the exclusion clauses should be considered only after the adjudicator is satisfied that the individual fulfils the criteria for refugee status (guidelines 9).
b) an assessment of a claim requires that the nature of the crime and the claimant’s role in it be weighed against the gravity of the persecution feared (guideline 9).
c) the exclusion clauses need to be interpreted restrictively (guideline 8); - The Federal Court has said that:
a) it is not legally necessary to decide inclusion before exclusion, but it is desirable to do so.
b) the refugee definition does not require that the gravity of the crime be balanced against the gravity of the persecution feared.
c) the Board must be extremely cautious in its application of the exclusion clauses, but also that the standard of proof is less than the balance of probabilities; - The Immigration Act gives the Chairperson of the Immigration and Refugee Board power to issue guidelines to the Board;
Therefore be it resolved:That the CCR ask the Chairperson of the Immigration and Refugee Board to issue guidelines to its Refugee Division on the exclusion clauses that would include the principles that:
- Inclusion should precede exclusion;
- The gravity of the offence should be balanced against the gravity of the persecution feared;
- The standard of proof should be higher than a balance of probabilities.
- The UNHCR exclusion clause guidelines of December 1996 provide that:
- Res.: 12Whereas:
- Citizenship and Immigration Canada maintains a list of countries to which Canada does not generally deport individuals from those countries;
- A significant number of people from those countries, who are subject to deportation, have now been in Canada for many years and have no avenue to resolve their situation;
- Living in this limbo situation causes great hardship and suffering, including long term separation from immediate family members;
- It is very difficult for persons in this situation to be accepted for permanent residence through the Humanitarian and Compassionate stream;
- This situation will continue to prevail after the implementation of the new Immigration and Refugee Protection Act (Bill C-11);
Therefore be it resolved:That the CCR write to the Minister of Citizenship and Immigration urging that a process be established which will facilitate the granting of permanent residence to all individuals who have been in Canada for more than three years and who are from countries on the list.
- Res.: 5Whereas:
- CCR brings together NGOs active and involved in the 4 Metropolis Centres of Excellence (Vancouver, Prairies, Toronto, Montreal and soon the Atlantic);
- Metropolis (Canada) is proposing a national research program aimed at developing immigration policies and programs for the coming 6 years;
- The proposed research priorities question the role of community organizations serving refugees and immigrants and will affect the areas of activity of NGOs;
- Metropolis relies on the support and participation of NGOs in the processes; of consultation, adoption and implementation of a national research program;
- The current Metropolis proposal deals mainly with immigration as an economic and competitive issue and gives undue priority to public security and criminality aspects of immigration;
- The Metropolis proposal marginalizes the role and responsibility of the host society in settling newcomers and fails to take into account the reception and settlement of refugees;
Therefore be it resolved:That the CCR:
- Call on Metropolis Canada to amend their proposal to take account of a broader concept of settlement and integration of refugees and immigrants and include priorities concerning protection issues;
- Establish an ad hoc task group to develop a common NGO position in response to the Metropolis proposal, notably on the terms of participation in Metropolis bodies and activities and reiterate our call to provide a mechanism and resources to facilitate the participation of community organizations serving immigrants and refugees.
- Res.: 10Whereas:
The Canadian Red Cross is about to sign a Detention Monitoring Agreement to monitor CIC detention facilities;
Therefore be it resolved: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.
- Res.: 15Whereas:
- By resolution passed in 1993 the formation of a joint committee of private sponsorship representatives and CIC personnel for the purpose of improving communications was mandated;
- This committee as originally mandated has successfully negotiated the current Sponsorship Agreement and is now engaged in the drafting of a new version of the agreement, as well as having been involved in working at a number of other on-going issues related to the private sponsorship of refugees;
- CIC personnel present at these meetings have been inconsistent in number and in the level of decision-making power, resulting in a lack of policy-making ability as well as results-oriented discussion;
- The SAH representatives have contributed far beyond a normal volunteer capacity in the hope of achieving results in the area of policy making;
Therefore be it resolved:That the CCR urge CIC to ensure that:
- They have full representation at all meetings of the NGO-Government Committee on the Private Sponsorship of Refugees;
- CIC’s representatives have decision-making power;
- International Region participate on a regular basis.
- Res.: 3Whereas:
delays cause anxiety and instability for refugees and their families;
Therefore be it resolved:That the CCR contact the Minister of Citizenship and Immigration and urge that CIC be resourced to supply sufficient support staff to provide for expeditious processing of family reunification, private sponsorships and other matters that require avoidance of delays and backlogs which cause pain and anxiety to refugees.
- Res.: 8Whereas:
- In the past when the immigration system has undergone a substantial change the government has allowed those caught up in the older system to receive landing under relaxed criteria;
- There are a substantial number of protection claimants caught up at various stages in the present immigration system;
- The Canadian Government is proposing a complete overhaul of the present system through Bill C-11;
- It is undesirable to burden the new immigration system with a substantial caseload from the old system;
Therefore be it resolved:That the CCR ask the Government of Canada, as part of the implementation of Bill C-11:
- To allow all those caught up in the present protection determination system at its various stages to apply for landing in Canada under relaxed criteria;
- That all decisions in response to these landing applications be made forthwith.
- Res.: 13Whereas:
- There have been a series of allegations of racial bias and institutional racism concerning members of the IRB and its personnel;
- There have been no serious studies of these allegations of racial bias;
Therefore be it resolved:That the Executive appoint a task group to:
- Gather together and assess information relating to possible racial bias and institutional racism in the IRB;
- Decide whether or not to recommend to the Executive that the CCR request the IRB to conduct a public and independent inquiry into problems of racial bias and institutional racism at the IRB.
- Res.: 3Whereas:
- In resolution 9 of November 1996, the CCR committed itself to exposing atrocities by the Sudanese government upon the people of southern Sudan;
- Anglican members of their refugee network have worked with Sudanese in Canada to sponsor refugees from Sudan;
- The war in Sudan, which is in part responsible for the displacement of millions of people, has been fuelled by oil revenues from the expanding operation in which Talisman Energy is a major partner;
- The national pension fund of the Anglican Church of Canada has invested heavily in the Talisman shares;
Therefore be it resolved:That the CCR write to the Anglican Church of Canada expressing concern and requesting the Church to review its investment in Talisman with a view to divesting itself of Talisman shares in order to be consistent with its policy as expressed through the Primate's World Relief and Development Fund.
- Res.: 8Whereas:
- Citizenship and Immigration Canada does not consistently provide refugee claimants with interpreters at eligibility interviews;
- The notes which are produced by Citizenship and Immigration Canada at eligibility interviews are given great weight at hearings before the Convention Refugee Determination Division;
- The lack of interpretation at an eligibility interview can and does create confusion and misunderstanding between refugee claimants and Citizenship and Immigration Canada officials;
Therefore be it resolved:That the CCR urge that Citizenship and Immigration Canada provide an accredited interpreter at all eligibility interviews.
- Res.: 13Whereas:
- CIC has been using P&I, a private company, to remove African nationals from Canada to Africa;
- The deportees have been forcibly detained and unlawfully confined by a private company;
Therefore be it resolved:That the CCR:
- Write to the Minister of Citizenship and Immigration to:
a) Condemn the use of P&I for removal of deportees;
b) Demand to know the legal basis for using P&I; - Demand that the Minister confirm in writing that the practice of using private agents for removals will cease;
- Continue to investigate P&I and Citizenship and Immigration Canada's contracting out of removals;
- Investigate all possible human rights violations, possible complaints and legal challenges to such practices.
- Res.: 18Whereas:
- HIV positive persons are not a threat to public health or safety;
- Instituting mandatory HIV testing for all prospective immigrants is discriminatory since this would be the only group for whom mandatory testing is imposed;
- Testing could significantly harm people identified as being HIV positive who live in countries with coercive laws or practice;
Therefore be it resolved:That the CCR oppose mandatory HIV testing for prospective immigrants and raise its opposition with Citizenship and Immigration Canada.
- Res.: 1Whereas:
on November 29, 2000, the Sponsorship Agreement Holder (SAH)representatives in attendance at the SAH Forum voted on and passed with an overwhelming majority three resolutions expressing their support for:
- formally situating the SAH network within CCR, 2. submitting an SAH application for the In-Canada Service-Provider contract,
- submitting this proposal under the umbrella of CCR;
Therefore be it resolved:That the CCR:
- Explore ways to support the SAH network within CCR;
- Submit an application with the SAHs for the ISP contract.
- Res.: 6Whereas:
- There are minor orphans of war or civil strife or in other refugee-like situations whose future is limited without resettlement;
- Current procedures for the sponsorship of orphaned minors are inadequate;
Therefore be it resolved:That the CCR request the Minister of Citizenship and Immigration to expand Canada's ability to provide private and government sponsorships of refugee orphaned minors.
- Res.: 11Whereas:
- The Inter-American Commission on Human Rights in its report invited Canada to draw on the resources of the OAS human rights system;
- Training for IRB members in international human rights law is not given by a competent arms-length human rights body;
Therefore be it resolved:That the CCR call on the IRB to:
- Pay the IACHR to provide training in international human rights law for the IRB members and RCOs;
- Open their training sessions to the CCR and members of the bar.
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