CIMM Committee Report

a. Safe Third Country

The Committee recommends that:

7. While maintaining Canada’s commitment to the Refugee Convention and our high standards in respect of international protection, the Government of Canada should pursue the negotiation of safe third country agreements with key countries, especially the United States.

The Committee recommends that:

8. Pending the establishment of a safe third country agreement, which would be preferable, direct-backs be used where possible as an alternative to detention when initial checks cannot be completed expeditiously.

ii. Coordinate Visa Requirements

The Committee recommends that:

9. Canada work with the United States to coordinate visa requirements where possible to address any impact felt at the border as a result of incongruity.

iii. Pre-Clearance of People and Goods

The Committee recommends that:

10. The Canadian and U.S. governments facilitate entry of low-risk travellers by reinstating the CANPASS/PORTPASS programs at land border crossings, as long as each person in the car is checked. Emphasis should also be placed on full implementation of the NEXUS program at all land ports of entry.

11. The Canadian and U.S. governments facilitate the entry of low-risk, frequent air travellers between Canada and the U.S. by reinstating the CANPASS Airport and INSPASS programs, respectively, at applicable international airports, and expanding it to all Canadian international airports.

12. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work with their U.S. counterparts to put in place customs self-assessment and pre-arrival release programs to facilitate movement across the border of low-risk commercial traffic thus freeing up resources for use on higher risk traffic.

13. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work with their U.S. counterparts to implement a joint commercial driver registration program.

iv. Information and Intelligence Collection and Sharing

The Committee recommends that:

14. The governments of Canada and the United States seek new ways of sharing information relating to border security. Cross-border information sharing initiatives that have proven effective should be implemented throughout Canada.

15. The governments of Canada and the U.S. be more proactive about encouraging the flow of information and the coordination of intelligence efforts at all levels. If privacy and disclosure laws prove to be impediments to information flow, the countries should consider amending the legislation in question and/or negotiating new bilateral agreements to facilitate information sharing.

16. Citizenship and Immigration Canada actively pursue the development of formal partnerships with other agencies to facilitate the flow of information when dealing with security issues.

v. Joint Enforcement and Investigation

The Committee recommends that:

17. The governments of Canada and the United States put in place sufficient regional Integrated Border Enforcement Teams to cover the entire Canada-U.S. land border at all times.

18. The IBETs should be sufficiently equipped to communicate effectively and to respond immediately to irregular border activities. They should be assisted by tools and technological aids such as air support, motion detectors and motion-triggered cameras. The efforts and equipment of both countries should be coordinated to ensure maximum efficiency.

vi. Joint Facilities

The Committee recommends that:

19. The governments of Canada and the United States consider constructing more joint border facilities. Such facilities would be most effective at small, remote ports of entry.

D. Canada and the World — Overseas Interdiction

The Committee recommends that:

20. More information exchanges and coordinated intelligence activities be pursued with other governments for the screening of travellers.

21. More immigration control officers be hired to work overseas and that related infrastructure resources be provided. This should be a top priority.

22. Greater intelligence resources be made available by the RCMP, CSIS and the Communications Security Establishment to our visa posts abroad. This may entail more RCMP and CSIS officers being posted overseas.

23. Locally engaged personnel at our visa posts overseas be required to undergo enhanced security screening.

24. Travel documents be scanned digitally prior to boarding.

25. Disembarkation teams should be used as much as possible for flights identified as problematic.

26. Airlines be required to provide passenger lists to Citizenship and Immigration Canada and other appropriate governmental agencies prior to flight departure for all flights bound for Canada.

27. As part of the sharing of information with other nations, we seek access to the information provided in the course of their exit control processes.

E. Enforcement and Program Delivery

i. A Greater Role for Immigration at the Primary Inspection Line

The Committee recommends that:

28. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work together to enhance security by improving the immigration presence at the primary inspection line. These cooperative efforts could involve full cross-training of immigration and customs officers, or possibly consolidation of the two bodies into a single entity.

29. Citizenship and Immigration Canada ensure that marine ports of entry across the country are staffed with sufficient immigration personnel to meet capacity challenges, especially during the months spanning spring to autumn.

ii. "Streaming" Traffic at Ports-of-Entry

The Committee recommends that:

30. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency jointly test and evaluate the effectiveness of "streaming" processes for air travellers, and consider implementing successful initiatives at international airports across Canada.

iii. National Standards for Port of Entry Security

The Committee recommends that:

31. A national airport security authority be created to assess security risks and to implement stringent, uniform security standards at all Canadian international airports.

32. All non-travellers — including airport employees — be required to pass through a security checkpoint before accessing an airport departure area.

33. Threat assessments be conducted at all land border crossings to assist in the development of security standards at each crossing point.

iv. Protective Tools for Officers

The Committee recommends that:

34. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work together to ensure their officers are equipped with sufficient protective tools and the training and authorization to use them when necessary.

35. There be a greater armed presence at ports of entry in the form of uniformed police officers, such as the RCMP or local police.

v. Detention of Refugee Claimants

The Committee recommends that:

36. Detention continue to play a role in our border security procedures, but cautions that people should be detained for the minimum period necessary and that a detention review should occur within 48 hours, as contemplated by section 57 of the Immigration and Refugee Protection Act.

37. The detention of minors be avoided and that the best interests of the child be a factor in detention decisions.

38. Citizenship and Immigration Canada ensure that undocumented refugee claimants who are uncooperative in establishing their identity are detained.

39. More detailed statistics be maintained in respect of immigration detentions, particularly the grounds for detention, and that these statistics be provided in the annual report to Parliament made by the Minister of Citizenship and Immigration.

40. Where necessary, longer term detention facilities be established for refugee claimants who are ordered detained.

41. There be improved training of immigration officers regarding detention review jurisprudence.

42. The Department ensure that all relevant information gathered by the front-line immigration officers is presented in the Adjudication Division.

vi. Backlog of Deportation Orders

The Committee recommends that:

43. There be relaxed landing requirements for applications made on humanitarian and compassionate grounds for people illegally in Canada who can demonstrate that they pose no risk to our country and are self-sufficient .

vii. Combating Organized Crime — People Smuggling and Trafficking

The Committee recommends that:

44. Given the serious nature of the offences of smuggling and trafficking in people, which is reflected in the increased fines and jail sentences available under the new legislation, prosecutors should be encouraged by CIC and Justice Canada to vigorously pursue more severe penalties.

45. The Government of Canada continue to work closely with the U.S. and other countries in joint operations to combat organized crime, including human smuggling and trafficking.

46. Citizenship and Immigration Canada continue to foster regional, national and international partnerships to promote the free-flow of valuable intelligence information, while respecting the Canadian Charter of Rights and Freedoms.

F. Resources and Technology

The Committee recommends that:

47. The relevant government agencies, including Citizenship and Immigration Canada and the Canada Customs and Revenue Agency, work together to evaluate all resource needs at ports of entry. Based on this evaluation, the Government of Canada should provide more resources to ports of entry to ensure border security and to facilitate the movement of low-risk border traffic.

i. More People

The Committee recommends that:

48. The Government of Canada provide sustainable resources to deal with current customs and immigration needs at ports of entry across the country.

49. These resources include more front-line officers, administrative support staff and Immigration and Refugee Board personnel. Sufficient human resources should also be provided in the areas of removal enforcement and detention capacity.

ii. Different Customs and Immigration Pay Scales

The Committee recommends that:

50. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work with their bargaining agents to evaluate the issue of remuneration for port-of-entry immigration and customs staff.

iii. Resources for Training

The Committee recommends that:

51. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency provide resources to ensure that all customs officers are adequately trained in immigration matters. Citizenship and Immigration Canada should use its best efforts to ensure the immigration knowledge of customs officers is sufficient.

52. Students hired and trained to work at ports of entry be closely monitored to ensure their training is sufficient to effectively carry out their duties. If not, they should undergo further training.

53. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency work with Justice Canada to make legal assistance directly available at all times to officers working at ports of entry and on investigations.

54. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency ensure that front-line officers receive training in how to deal with offensive behaviour — such as extreme rudeness, harassment and violence — and in how to ensure their own safety.

55. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency ensure that sufficient resources are allocated for the implementation of the new Immigration and Refugee Protection Act, keeping in mind the need for training while simultaneously continuing existing duties.

iv. Intelligence and Mobile Capacity Resources