CIMM Committee Report
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LIST OF RECOMMENDATIONS
A. The Effects of 11 September 2001
i. Security Misconceptions After September 11th
The Committee recommends that:
1. Citizenship and Immigration Canada and other government departments make an effort to educate the public, both here and abroad, so that unsubstantiated and unwarranted concerns about Canadas border security are refuted. Ongoing and proposed measures must be communicated widely. Such educational efforts should also be addressed to American legislators.
ii. The Immediate Effects Felt at the Border
The Committee recommends that:
2. Border practices should continue to be guided by the primary objectives of safety, security and efficiency.
B. The Impact of the New Immigration and Refugee Protection Act (Bill C-11)
The Committee recommends that:
3. National standards for front-end screening be established based on best practices and that staffing levels be increased where necessary to ensure that front-end screening is an effective and expeditious process. Proper training, including training in cross-cultural understanding, will be necessary to implement these national standards.
4. Specialized teams be established to process refugee claimants at high volume ports of entry.
5. Citizenship and Immigration Canada should ensure that sufficient resources are allocated to address concerns surrounding implementation of the Pre-Removal Risk Assessment.
C. Canada and the U.S. Cooperation, Coordination, Partnerships
The Committee recommends that:
6. Canada and the United States place an increased emphasis on the speedy implementation of joint initiatives developed, and continuing to be developed, under the Shared Border Accord.
i. Refugee Claimants from the United States
a. Safe Third Country
The Committee recommends that:
7. While maintaining Canadas 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.
b. Direct-Backs
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
The Committee recommends that:
56. Citizenship and Immigration Canada and its partner agencies hire more intelligence officers both in Canada and overseas to reflect the need for better intelligence information.
57. Interactions between Citizenship and Immigration Canada and its intelligence partners should be better coordinated to optimize information flow. This should be a priority because better intelligence is a deterrent and preventative measure against illegal border activity.
58. Technological tools should be incorporated into intelligence-gathering activities when relevant and possible.
59. Citizenship and Immigration Canada and the Canada Customs and Revenue Agency have greater mobile capacity to respond to problems that arise between ports of entry.
v. Technology
The Committee recommends that:
60. Citizenship and Immigration Canada update its Field Operational Support System to a more user-friendly interface and work with the Canada Customs and Revenue Agency to integrate their databases for cross-access by customs and immigration officers.
61. Primary Automated Lookout System traffic lanes with cameras should be installed at all land border ports of entry or, at least initially, at the busiest ones.
62. The Government of Canada work with the airline companies to obtain access to their passenger and booking information database, the Advanced Passenger Information/Passenger Name Record (API/PNR), for use at ports of entry.
63. Automated Fingerprint Identification System (AFIS) technology be installed at all busy air and land ports of entry to complement other technology, such as photo identification, in the processing of refugee claimants and potentially inadmissible persons.
64. Citizenship and Immigration Canada purchase more hand-held heat detection devices for marine ports of entry with high volumes of container-bearing commercial ships. The purchase of gamma ray technology for viewing the interior of containers should also be considered.
65. Citizenship and Immigration Canada develop national technology standards on what technological equipment is necessary for each port of entry.
vi. Resources for Facilities
The Committee recommends that:
66. The Government of Canada, through Public Works and Government Services, provide resources for the modernization, expansion and rebuilding of port-of-entry facilities that are out of date and in need of repair. Where possible, joint Canada-U.S. facilities should be considered.
67. The efficient operation of primary trade corridors be ensured through the provision of sufficient resources for improved facilities and highway infrastructure.