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CCR Resolutions Database

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  • Convention on the Rights of Migrant Workers

    Res.: 24
    Whereas:

     the consequences of migration include serious abuses and injustices for migrant workers, especially migrant women and children;

    Therefore be it resolved:

    that the CCR call on the Canadian government to ratify the Convention on the rights of all migrant workers and their families.

  • Risk Assessment - Timing and Forum

    Res.: 14
    Whereas:
    1. Citizenship and Immigration Canada is currently studying the process by which humanitarian and compassionate reviews are done;
    2. CIC is also studying the process for assessing the risks a rejected refugee claimant may face should she/he be removed from Canada;
    3. One proposal which is receiving serious consideration by CIC is to have CIC officials make decisions about claimants' refugee claims, humanitarian and compassionate applications and risk assessments prior to the matter being referred to the IRB;
    Therefore be it resolved:

    that the CCR:

    1. Oppose refugee claims being determined at any stage by way of administrative process;
    2. Support the proposition that refugee claims should be determined by the IRB, an independent quasi-judicial body;
    3. Support the proposition that decisions about humanitarian and compassionate claims and risk assessment should be made after a determination of a person's refugee claim;
    4. Support the proposition that the IRB is the best available body to make the initial decision about the risks a person may face should that person be removed from Canada or to deal with a re-opening for changes of conditions.

  • Non-citizens and international human rights treaties

    Res.: 22
    Whereas:
    1. Canada, through its government, its parliament and its courts, has habitually neglected United Nations Covenants and Conventions of justice in its treatment of non-citizens who came to Canada seeking protection;
    2. Specifically, it has neglected to enact legislation in Parliament to embody in Canadian law the Covenant on Civil and Political Rights, the Covenant on Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention against Torture;
    3. As a consequence, habeas corpus and other elements of due process guaranteed to Canadians by the Charter of Rights and Freedoms are often denied by Canadian civil servants and Canadian courts to non-citizens who came to Canada seeking protection;
    4. Further, such non-citizens have no simple and effective legal means of enforcing such rights;
    5. As a further consequence, many such people have been deported from Canada in violation of one or more of the above UN Covenants and Conventions;
    6. The Immigration Act and court decisions based on it are inconsistent with Canada's obligations under UN human rights treaties;
    Therefore be it resolved:

     that the CCR:

    1. Call upon the Parliament and Government of Canada forthwith to incorporate all the above United Nations Covenants and Conventions into Canadian law, and in particular into the Immigration Act and Regulations, directing all Canadian civil servants and courts to enforce them;
    2. Write to the Ministers of Justice and of Citizenship and Immigration and the chair of the parliamentary committee on Human Rights and Disabled Persons advising them of the problem and urging them to establish a mechanism to monitor Canada's compliance with its international human rights treaty obligations and to make an annual report to parliament (such a report to include such matters as the status of international cases submitted from Canada and any legislative or other measures taken);
    3. Request all Chief Justices to organize training sessions for judges on the interpretation and application of Canada's international human rights treaties, with international participation.

  • Use of Restraints during IRB Hearings

    Res.: 22
    Whereas:
    1. Refugee claimants not infrequently find themselves in detention even after they have been found eligible;
    2. All persons detained in an Immigration Holding Centre are routinely transported to and from hearings in handcuffs and those held in jail (detained under Immigration Act) are conveyed in handcuffs and leg irons;
    3. These restraints are in certain cases not removed even when a refugee claim is heard before the IRB;
    4. This seems to contradict the spirit in which a refugee claim is supposed to be made;
    5. The practice is a violation of UN standard minimum rules for the treatment of prisoners;
    Therefore be it resolved:

    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.

  • Appeal on the merits

    Res.: 13
    Whereas:
    1. Proposed amendments to the Immigration Act recently announced by the Minister of Citizenship and Immigration will result in one member IRB hearings thereby removing important procedural protections from refugee claimants and increasing the chance of incorrect IRB decisions;
    2. The Minister has previously acknowledged the need for an appeal on the merits for IRB decisions;
    3. The Minister has rejected the recommendations of the Davis/Waldman report and other consultations which support the establishment of an appeal on the merits for IRB decisions;
    4. Past conclusions of the Executive Committee of the UNHCR have stated that signatories to the Refugee Convention should have a process whereby refugee claimants may appeal the merits of a negative decision on their refugee claims;
    Therefore be it resolved:

    That the CCR strongly express its disappointment and disagreement with the Minister's failure to establish an appeal process whereby unsuccessful refugee claimants could appeal a negative decision of the IRB on the merits.

  • Inadmissibility and national security

    Res.: 8
    Whereas:
    1. There have been many refugees found ineligible for government or private sponsorship because of unreasonable decisions by visa officers concerning issues pursuant to S. 19 (1)(e) and S. 19 (1)(f),(k) and (l) of the Immigration Act;
    2. The exception set out in 19(1)(f) establishes no procedure to determine whether a refugee is "detrimental to the national interest";
    3. The phrase "detrimental to the national interest" is too vague and uncertain and needs to be defined;
    Therefore be it resolved:

    that the CCR call on the Minister to:

    1. Establish a fair procedure to determine if the applicant has met the exceptions set out in 19(f) and (l) and create similar exceptions for subsections (e) and (k);
    2. Define what is meant by the phrase "detrimental to the national interest" in order to avoid vagueness and uncertainty;
    3. Allow a review of these decisions by an independent and impartial tribunal such as the IRB.

  • U.S.-Canada Memorandum of Understanding

    Res.: 23
    Whereas:
    1. The U.S. standards for refugee protection are lower than those in Canada and the implementation of a safe country agreement will negatively affect thousands of refugee claimants coming to Canada from the U.S.;
    2. On February 25, 1995 Prime Minister Chrétien and President Clinton announced that they are seeking a Safe Country Agreement under the Joint Border Management Accord despite the Minister of Citizenship and Immigration's initial statements that he was against such an agreement;
    3. The CCR in previous resolutions has demanded significant guarantees before such an agreement is signed;
    Therefore be it resolved:

    that the CCR:

    1. Press the government of Canada not to enter into agreement with the U.S. unless those guarantees are satisfied;
    2. Demand a public hearing on the new draft agreement before it is signed and seek opportunities to comment on the proposed agreement.

  • DNA testing

    Res.: 16
    Whereas:
    1. Citizenship and Immigration Canada through its foreign missions, is requesting a large number of families to submit to DNA testing as proof of relationships prior to approval for sponsorship;
    2. The DNA tests are being requested mainly for families from Third World countries;
    3. The DNA tests are very expensive, costing over $1200 for a family of two and more for large families, thus adding a further unbearable financial and emotional burden to families already struggling to raise money to pay processing fees, the Head Tax and transportation costs, and causing unacceptable delays in family re-unification;
    4. Current statistics show that over 90% of tests done to date have proved the families' relationships;
    5. The small number of negative test results cannot justify the financial burden imposed on others by widespread testing;
    6. Too much power is being wielded by the Canadian visa posts abroad in frequently requesting these tests when no reasonable grounds for doing so have been clearly established;
    Therefore be it resolved:

    that the CCR:

    1. Call on CIC to stop the present discriminatory practice of requesting DNA testing from people from mainly Third World countries.
    2. Strongly urge the Minister to establish and publish clear guidelines as to what constitutes reasonable grounds of doubt which would justify a request for DNA testing.

  • Head Tax

    Res.: 12
    Whereas:
    1. The Right of Landing fee is discriminatory, exclusionary and racist because of the vast variance in country and individual income around the world;
    2. A refugee is accepted or selected for landing in Canada in order to provide protection against persecution, and usually has neither the cash nor a source of income with which to pay the right of landing fee;
    3. Refugees processed through the inland determination system are already subjected to other heavy processing fees;
    4. The Minister in his address to Parliament in November 1994 acknowledged that refugees have special needs and problems;
    5. The UNHCR has documented that no other country in the world charges landing fees to refugees;
    Therefore be it resolved:

    that the CCR:

    1. Call for a repeal of the Right of Landing Fee for all newcomers accepted for landing in Canada;
    2. Urge the federal government to recognize the distinctive burden that the "head tax" lays on refugees and their families.

  • Bonds

    Res.: 4
    Whereas:
    bonds would create an insurmountable barrier to family sponsorship for sponsors, many of whom are already economically marginalized;
    Therefore be it resolved:

    That the CCR:

    1. Adopt as its position that no form of bonds should be considered as a viable option for ensuring compliance in sponsorship agreements;
    2. Communicate this position to the Minister of Citizenship and Immigration.

  • Lessons from Rwanda

    Res.: 9
    Whereas:
    1. The Secretary General of the United Nations, on November 18, 1994, called for a peacekeeping operation to establish security in the Rwandan refugee camps in the Kivu region of Zaire;
    2. The CCR held a day on the lessons from Rwanda on November 24, 1994 at which a number of conclusions were reached;
    Therefore be it resolved:

    That the CCR call on the Government of Canada to endorse and promote these conclusions:

    1. The international community should endorse the recommendation of the Secretary General to deploy a U.N. peacekeeping force in the Kivu region of Zaire for the purpose of providing security to the relief effort for Rwandan refugees in Zaire.
    2. In the delivery of aid, local aid delivery agencies should be involved as much as possible, and local resources used as much as possible.
    3. The United Human Rights Commission must have the capacity to investigate on its own initiative the human rights situation in any country in the world and to report its findings to the Secretary General of the United Nations, the Security Council and the public.
    4. The UN Human Rights Centre should deploy human rights monitors throughout Rwanda to report on human rights violations if they occur, and as a means of establishing confidence for repatriation, where they do not occur.
    5. The international community should promote democracy and respect for human rights throughout the world, without distinctions based on culture or region.
    6. The United Nations needs a permanent deployment headquarters which can function immediately to bring together and service a peacekeeping force whenever the United Nations Security Council decides to create one.
    7. The United Nations should ask member states to allocate peacekeeping forces to the U.N. on a contingency basis. The contingently allocated forces should be in a state of readiness to be called on immediately whenever the Security Council decides to create a new peacekeeping force.
    8. United Nations peacekeeping forces on the ground should be mandated and instructed, as a humanitarian duty, to intervene and use force if necessary to protect innocent civilians under attack in the areas where the forces are operating.
    9. The international community should contribute to the establishment within Rwanda of a functioning social service system, civil administration, police network, and judiciary. It is urgent that a system of justice be established in Rwanda so that all perpetrators of past atrocities can be brought to justice.
    10. The international tribunal on crimes in Rwanda should be made functional on an urgent basis.
    11. Canada and other members of the international community must contribute to the bringing to justice of Rwandan criminals against humanity, wherever they may be found, by prosecuting them where they are found, extraditing them for trial in Rwanda or extraditing them for trial by the international tribunal on Rwanda.

  • Information on human rights of women in Iran

    Res.: 14
    Whereas:
    1. There are reports coming out of Iran and resolutions of the Human Rights Committee of the United Nations about the Tehran regime's treatment of women;
    2. Due to the terrible situation of women and the barbaric tortures practised against political prisoners a catastrophic situation has been created forcing women's mass escape from Iran;
    Therefore be it resolved:

    That the CCR write to the IRB expressing concern about the inadequacy of accurate and authentic information based on first-hand information, in particular the lack of sufficient information about up-to-date events in Iran and the true picture of the terrible situation of women in that country.

  • Joint sponsorship committee

    Res.: 17
    Whereas:
    1. The Canadian Council for Refugees has acted as a convenor of master agreement holders and sponsoring groups throughout the government's private sponsorship review;
    2. There is a widely recognized need for improved communication between private sponsoring organizations and the government;
    3. Organizations which sponsor refugees have a genuine and vested interest in the smooth running and success of the private sponsorship program;
    Therefore be it resolved:
    1. The CCR write to the government urging the creation of a joint committee consisting of both government and non-governmental organizations involved in the private sponsorship program;
    2. The CCR coordinate the selection of the non-governmental representatives on the committee from among all Master Agreement Holders and organizations involved in the private sponsorship program;
    3. Such a joint committee be mandated to plan the direction of the program;
    4. Such a joint committee not act as a replacement for ongoing direct communication with organizations participating in the program.

  • Government-assisted refugee levels

    Res.: 2
    Whereas:
    1. The government of Canada continues not to meet the announced levels for government-assisted refugees;
    2. Sufficient funds must be allocated to the AAP program in order to meet announced levels;
    3. Accepted refugees in Canada have been separated from their immediate families at risk abroad;
    Therefore be it resolved:

    That the CCR Executive meet with the Minister of Citizenship and Immigration to request that:

    1. The level for government-assisted refugees be restored to 13,000 and that this level be met;
    2. The AAP Program be provided with sufficient funds to ensure that the level can be met;
    3. To meet the 1993 level, the immediate families of accepted refugees already in Canada and those landed under the backlog be resettled immediately, whether or not they are in the family class.
    4. When levels are not met by the end of the year, the balance of the quota be carried through to the following year and be added on to that year's level.

  • Priority for programs to integrate adolescent newcomers

    Res.: 2
    Whereas:
    1. Current research and documentation identifies extra barriers impeding the successful integration of adolescent newcomers, such as language, racism and interrupted schooling;
    2. Canada's social and economic resources are increased when newcomer youth become equal participants in Canadian society;
    3. Completion of formal education, labour force participation and economic self-sufficiency are essential to equal participation;
    4. There is a lack of adequate programming for adolescent newcomers to address identified barriers;
    Therefore be it resolved:

    That the CCR write to the Federal Ministers of Human Resources Development and Citizenship and Immigration, asking that they accord immigrant and refugee youth a high priority in Federal Government program development and funding.

  • Government commitment to resettlement

    Res.: 7
    Whereas:
    1. The government of Canada has historically had a commitment to the resettlement of refugees from abroad and indeed this commitment is incorporated in the Immigration Act;
    2. The government of Canada has a humanitarian obligation to refugees;
    3. Government assistance has always been the primary program for resettlement;
    4. Private sponsorship is a complementary program to government assistance and has always been understood by the voluntary sector to be an opportunity to respond to refugees above and beyond the government's commitment;
    5. Refugee concerns have been separated from immigration concerns in the ten-year framework;
    6. The formation of the "NGO-government Committee on Private Sponsorship" could result in a shift in government practice away from Canada's commitment to the admission of refugees;
    Therefore be it resolved:

    That the CCR call upon the Canadian government to honour and respect their commitment to the humanitarian resettlement of refugees from abroad, independent of the voluntary sector response.

  • Convention on the rights of the child

    Res.: 12
    Whereas:
    1. The Canadian Council of Churches and the Inter-Church Committee for Refugees have cooperated in the preparation of a brief submitted by ICCR to the UN Committee on the Rights of the Child about non-citizen children;
    2. The CCR meets regularly with senior immigration officials;
    Therefore be it resolved:

    That the CCR support the thrust of the Brief submitted by ICCR and raise the major recommendations of the Brief at its meeting with officials, namely:

    1. providing training programs on the Convention for the various actors in immigration procedures;
    2. allowing the children of non-citizens to benefit from the Canadian Human Rights Act as of right;
    3. introducing provisions of the Convention into the Immigration Act and Regulations relating to overseas procedures; children in hearings and interviews; family reunion procedures; and access to essential health and social services.

  • Public education on sexual minorities

    Res.: 17
    Whereas:
    The subjects of sexual minorities in general and refugee claims based on persecution on the grounds of sexual orientation are not discussed in the ethnic communities;
    Therefore be it resolved:
    That the new anti-racism core group ensure that the issue of sexual minorities is placed on their agenda to do public education within the CCR membership.

  • Definition for resettlement from abroad category

    Res.: 5
    Whereas:

    There are many refugees in need of protection through resettlement who may fall outside the Convention refugee definition;

    Therefore be it resolved:

    That the CCR:

    1. Support specific recommendation R7 of Issue Group 3 of the 1994 Immigration Consultation which states: "That CIC adopt a broader interpretation of the term "refugee" when assessing the protection needs of individuals for whom resettlement is the only option. In particular, the working group proposes the following terminology for inclusion in the proposed Resettlement from Abroad Class definition: Country of Refugee Class Member of the country of refugee class (source of country class) means an immigrant/person:
      1. who is outside the person's country of citizenship or habitual residence (who is residing in the person's country of citizenship or of habitual residence, where the person's country of citizenship or of habitual residence is a country of citizenship or of habitual residence listed in Schedule XII)
      2. whose life, safety or freedom:
        1. has been seriously affected by civil or armed conflict, government-tolerated repression, generalized violence or other circumstances that have seriously disturbed public order; or
        2. are threatened by massive violations of human rights.
      3. in respect of whom one of the following situations applies:
        1. there is no feasible possibility, within a reasonable period of time, of a durable solution in respect of the person; or
        2. the person has a relative living in Canada; or
        3. the person has an urgent need for protection.
      4. Who is outside of Canada."
    2. Call on Citizenship and Immigration Canada to establish the Resettlement from Abroad Category using the definition outlined above.

  • Afghanistan

    Res.: 10
    Whereas:
    1. The situation in Afghanistan has continued to deteriorate such that from the capital city of Kabul alone over 1,000 refugees flee daily, and the country is left void of any supporting infrastructure;
    2. Afghanistan remains one of the largest refugee-producing countries as a result of the continuing war;
    3. The U.N. has started a process of discussion and negotiations through a U.N. delegation headed by Mahmood Mestiri with the various factions involved in the Afghan conflict;
    4. Canada is internationally respected for its commitment to peace, and is seen as an important player with a strong voice at the U.N.;
    Therefore be it resolved:

    That the CCR urge the Canadian government to:

    1. Actively support U.N. efforts and initiatives towards a peaceful resolution of the Afghan conflict,
    2. Take a leading role in rallying international support for Afghanistan;
    3. Increase and strengthen their support of relief aid in Afghanistan through present aid missions such as the International Red Cross.

  • C - 44

    Res.: 15
    Whereas:
    1. The Parliamentary Committee hearing submissions on Bill C-44 has requested the CCR to make a submission on alternatives to the provisions of that Bill;
    2. A submission has been prepared by David Matas which was presented to the Refugee Protection Working Group on November 25, 1994;
    Therefore be it resolved:
    That the CCR Submission to the Parliamentary committee on C-44 written by David Matas be endorsed as CCR policy and forwarded to the said Parliamentary Committee. [See back page for synopsis of brief's recommendations.]

  • Myths and public education

    Res.: 3
    Whereas:
    1. The economic recession has created an increase in anti-immigrant and anti-refugee sentiments;
    2. The government has also contributed to the propagation of damaging myths about refugees and immigrants by releasing data on sponsorship breakdown without providing the appropriate context;
    Therefore be it resolved:

    That the CCR:

    1. Urge that the government play a leadership role in public education to dispel the negative myths about refugees and immigrants and increase resources to allow non-governmental groups to do so effectively;
    2. Ask all CCR members to urge the media to be fair and balanced in their coverage of refugee issues.

  • Landmines

    Res.: 8
    Whereas:
    1. The CCR has passed Resolution # 11 (Nov. 92) and Resolution #18 (Nov. 93) condemning landmines;
    2. Anti-personnel landmines continue to kill or injure thousands of civilians, including refugees and returnees, especially from/in: Afghanistan, Angola, Bosnia, Cambodia, Ethiopia, Eritrea, Iraq, Mozambique, Somalia and Sudan;
    3. Landmines impose a threat to humanity by causing indiscriminate harm and suffering, and render entire regions socially, economically and agriculturally depressed, without the possibility of reconstruction and rehabilitation long after the cessation of conflict;
    4. Minister Ouellet has suggested that a Canadian Task Force on Landmines be established; there is also opportunity for involvement in the examination of the Landmine Protocol (Protocol II) of the Convention on Inhumane Weapons (1980) at the Review Conference on the Convention in September 1995;
    5. There is an emerging Canadian Coalition on Landmines and an International Campaign to raise public awareness on the issue of landmines;
    Therefore be it resolved:

    that the CCR:

    1. Investigate becoming an active member of the Canadian Coalition on Landmines, and endorse the Coalition's four objectives:
      1. Urge the Canadian Government to call for a total ban on the use, production, stockpiling, sale, transfer or export of antipersonnel landmines;
      2. Recognize recent Canadian initiatives and support for further initiatives to assist in humanitarian mine clearance activities. These would include multilateral activities such as support of the Cambodian Mine Action Centre and other UN initiatives, as well as any unilateral activities which Canada may undertake with respect to humanitarian mine clearance;
      3. Request an immediate Canadian moratorium on the production, export and transfer of landmines, their component parts and related technology;
      4. Call on the Canadian goverment and public to increase its support for, and participation in, bilateral, multilateral and non-governmental (NGO) programs providing assistance to the victims of landmines;
    2. Encourage member agencies to participate in public awareness campaigns on landmines.
    3. Write to the Departments of Foreign Affairs and National Defence urging them to:
      1. Permit the Canadian Coalition on Landmines and other NGOs to participate on the proposed Task Force on Landmines;
      2. Solicit the Coalition's input into the Canadian government position at the Review Conference.

  • IRB inquiry

    Res.: 13
    Whereas:
    1. The CCR is committed to seeking refugee policies and practices guided by principles of refugee protection. We believe in the importance of having people who have worked with refugee communities in positions of responsibility within the Immigration and Refugee Board;
    2. The CCR has developed a position on these matters entitled "Position on Essential Principles in Response to Hathaway and Davis/Waldman Reports" (September 1994);
    3. The CCR does not know the full details of the complaints made against Michael Schelew, nor of the process which led to his suspension;
    Therefore be it resolved:

    That the CCR reaffirm the folllowing principles to which we are committed:

    1. The independence of Board members as decision-makers and of the IRB as a quasi-judicial tribunal.
    2. The need for a credible, transparent and accessible mechanism within the IRB for dealing with complaints.
    3. The need for an independent and impartial process for the appointment and reappointment of the members of the IRB.

    We are furthermore deeply concerned with the barrage of media attacks on the refugee determination process. We are dismayed that no effort seems to have been made by the Minister's office to address the many distortions and inaccuracies contained in the various articles, when what is at stake may be the very principle of refugee protection.

  • Public inquiry into canadian military actions in Somalia

    Res.: 18
    Whereas:
    1. The CCR advocates on behalf of the human rights of refugees in Canada and abroad;
    2. Many clients of our constituent organizations are Somalis who have fled to Canada due to the torture and persecution they have suffered in their homeland at the hands of other Somalis;
    3. Canada's reputation as a country which respects human rights is the reason many refugees chose our country as a place of asylum;
    4. The CCR is therefore shocked that members of the Canadian military have been involved in the torture of a Somali youth, and that there are allegations of other serious abuses of Somalis by Canadian military personnel;
    Therefore be it resolved:

    That the CCR strongly support a full public inquiry into the actions of the Canadian military in Somalia, as recently announced by the Minister of Defence, and urge the Canadian government to proceed with this inquiry as soon as possible.