Interview on Basics Radio, Bill C-49 – An Attack on Refugees

In this show, on the eve of the trial that may send Mumia Abu Jamal back to death row, we review his case, listen to some of his most recent radio commentaries, and play some musical tributes to the brother we all know to be innocent.
Also in this show, Radio Basics host Keerthy interviews Abimanyu Singam from the Tamil community on Bill C-49, the so-called “Human Smuggling” Bill that was introduced into Parliament on October 21, which many recognize to be an attack on refugees.

http://www.radio4all.net:8080/responder.php/download/46972/52851/67865/?url=http://www.radio4all.net/files/radiobasics@gmail.com/3604-1-Radio_Basics-101108.mp3

New refugee legislation misses the mark

By Lorne Waldman

Last week the Conservative government introduced its legislation to “crack down” on human smugglers. Given the balanced approach in the recently passed refugee reform bill, we had reason to hope that the government would present a fair package.

Unfortunately, the Prevent Human Smugglers from Abusing Canada’s Immigration System Act misses the mark. Instead of focusing on the real problem — the human smugglers who exploit people for a profit — it directs the reprisals at their victims — the refugees fleeing persecution.

The only aspect of the legislation that actually deals directly with human smugglers is the provision that introduces mandatory minimum sentences. While this might appear to be a tough response, studies have shown that mandatory minimums are not effective in deterring criminal activity.

This is true in the case of human smuggling because the perpetrators use proxies and never set foot in Canada. The bill makes it easier to convict people of human smuggling but in so doing it exposes people who innocently assist refugees to prosecution for human smuggling if they were “reckless” when they provided help.

Although the government has stated that this bill is a response to the two boatloads of Tamil refugee claimants, its language is broad enough to capture any group of two or more claimants who arrive together, be it by land, sea or air. Any such group can be designated by the minister as an “irregular arrival.” Given the ambiguity in this provision, the vast majority of refugees who come to Canada can be designated and subject to all of the sanctions.

Claimants who are designated as part of an irregular arrival are subject to immediate and mandatory detention without any possibility of review for 12 months. No exceptions are made for women or children, although the minister has the discretion to allow release in “exceptional circumstances.”

Such lengthy detention of refugees is unprecedented in Canadian law and may be considered arbitrary detention in breach of our Charter of Rights and Freedoms. Moreover, given the desperate choices most refugees face, such measures are unlikely to deter smuggling but instead will merely punish the refugees.

Designated claimants will lose many of the rights available to them under the UN refugee convention. The convention requires that once a country grants refugee status, it must provide the refugee with a travel document.

This new bill eliminates the right of designated refugees to get travel documents for five years. Although the measure was introduced to prevent refugees from returning home, it also denies them the right to travel anywhere, even for a legitimate reason. This provision is a violation of our obligations under the UN convention.

Designated claimants cannot apply for permanent residence for five years. This will impose immense hardship because it prevents refugees from settling by forcing them to continue to live in fear of being uprooted. Worse still, the measure denies them the right to apply to be reunited with their families during the five-year period and for years after.

Hidden in the legislation that is supposed to deal with smugglers are measures that will affect all non-citizens, not only those brought to Canada by human smugglers. The bill greatly expands the power of the government to detain non-citizens.

It requires that a person be detained while the minister investigates a suspicion that they might have committed a criminal offence outside of Canada. The scope of this provision is dangerous as it can even be applied against permanent residents who have lived in Canada for years.

The bill eliminates the right of appeal against some adverse decisions made by the Immigration and Refugee Board, a right that was afforded to refugees as part of the refugee reform package passed this summer.

This measure is being applied in all cases, even those where the person is not part of an irregular arrival. In so doing, the government is undermining the carefully crafted compromise that was reached with the opposition just months ago.

There is no doubt that people smuggling is a dangerous enterprise that puts the lives of refugees at risk. The best solutions are always those that deal with the root causes.

Canada has lost many opportunities to work with other Western countries to pressure the Sri Lankan government to find a real solution to the problems that have plagued that country for so many years.

And while most people would support legislation that is truly directed at human smuggling, this bill, which attacks the most vulnerable, the refugees, must be stopped.

Lorne Waldman is a Toronto lawyer specializing in immigration and refugee law.

Other resources: CCR Web:  anti-smuggling or anti-refugee?

Parliament resources:

First reading: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4708783&file=4

Debate in the house: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4731592#OOB-3426783

Tamil migrant ship within 200 miles of B.C. & the Zenophobic Reactions

Recent news reports say that upto 500 people could be aboard the ship and one may have died during the journey. This news has been creating a quite a lot of buzz amongst the zenophobic news readers of some of these news sources. They have been advocating to turn back the ship or to refuse refugee status for the people aboard not necessarily because they fear that people on the boat could be a threat to the national security but because they fear that this will affect “their way of life”.

via CTV British Columbia – Tamil migrant ship within 200 miles of B.C. – CTV News.

It is important to keep in mind that the more than 70 Tamil refugees who landed last year in Vancouver are in the processing of settling down in Canada and has not acted in any way to compromise the security of Canada or any Canadians todate. They were unfairly accused as members of LTTE and posing a threat to the security of Canada by a so-called expert Mr. Rohan Gunaratne, a one time adviser for the current Sri Lankan President Mr. Rajapakse.  Mr. Rajapakse and his government has been accused by International Organizations including the HRW to have been responsible for launching a war on Tamils that claimed the lives of more than 30,000 Tamils. During cross examination by the lawyers for the refugees, Mr. Gunaratne had accepted that he failed to disclose his associationg with Rajapakse and other pertinent information relating to how he gathered the so-called “intelligence” on the refugees. Subsequently the Canadian Government withdrew the security certificates that they had served on some of the refugees. The refugees are now awaiting IRB hearings to determine the status of their refugee claims.

via A year later, Tamil migrants call Toronto home – thestar.com.

Nick Noorani, founder and publisher of Canadian Immigrant Magazine, discusses what officials are doing ahead of the arrival of a ship suspected to be carrying Tamils to Canada. In this CTV story, Mr. Noorani asks the Canadians to act with responsibility and compassion, while urging people not to rush to conclusions.

Video link: http://www.theglobeandmail.com/video/tamil-migrants-heading-to-bc/article1669085/

Bill C-11 (H & C provisions) is law & Un-answered Questions

Bill C-11, the Balanced Refugee Reform Act has received Royal Assent.  According to the Ministry of Citizenship and Immigration Canada, “these reforms will improve Canada’s asylum system, resettle more refugees from abroad and make it easier for refugees to start their lives in this country”. The changes to the asylum system will come into effect in the next 12 to 18 months. However, changes to the humanitarian and compassionate provisions came into effect immediately at Royal Assent.

However, the bill has also caused a lot of concerns amongst immigration and refugee rights advocates circle.  One concern is the level of authority bureacrats will have in determining the refugee applications – one single public servant hired by Immigration Refugee Board (IRB)  and the subjective decision making that may be involved in such a process. Canadian Bar Association has also highlighted the following concerns, among others in a press release dated June 10, 2010.

“Restrictions on Humanitarian and Compassionate (H&C) applications
The CBA strongly opposes the one year bar to H&C applications. “They provide a vital safeguard to ensure a remedy in circumstances of rights violations that do not meet the strict test for refugee claims. H&C applications do not impede the removal of failed claimants and the CBA has recommended several options for maintaining legitimate avenues to this relief.”

Designated Countries of Origin
The CBA says there are serious problems in empowering the government to designate a list of countries considered “safe” but from which a significant number of unfounded refugee claims are made, for the purpose of eliminating procedural rights for these countries’ refugees. “Refugee determination is an individualized assessment. Of even greater concern is the likelihood that the list will become politicized.”

Delayed Implementation
“The possibility of staged implementation of the Bill is a fatal flaw and will be disastrous for refugee claimants,” says the CBA submission. For example, claimants may not have the right to appeal to the Refugee Appeal Division for two years after Royal Assent, and the one year bar to H&C applications comes into effect immediately upon Royal Assent. This creates an unacceptably imbalanced reform.

Resources:

1. Canada’s new asylum system – CIC website
2. Key concerns of the Canadian Council for Refugees
3. Bill C-11, the Balanced Refugee Reform Act, CBA’s submission

CTV British Columbia – ‘Ignorant’ refugee ruling could spark international incident: profs – CTV News

CTV British Columbia – ‘Ignorant’ refugee ruling could spark international incident: profs – CTV News.