CIMM Committee Report

RECOMMENDATION 1

The Committee recommends that the government seek assurances that people returned to the United States under the Agreement will not face expedited removal proceedings.

RECOMMENDATION 2

The Committee recommends that until such time as the American regulations regarding gender-based persecution are consistent with Canadian practice, women claiming refugee status on the basis that they are victims of domestic violence be listed as an exempt category under section 159.6 of the proposed regulations.

RECOMMENDATION 3

The Committee further recommends that gender-based analysis be part of the ongoing monitoring of the Agreement to ensure that victims of domestic violence are not adversely impacted.

RECOMMENDATION 4

The Committee recommends that the government seek assurances from the United States that claimants returned under the Agreement will not be precluded from accessing the American asylum system on the basis that they have been in the United States for one year or more.

RECOMMENDATION 5

The Committee recommends that, as part of the monitoring of the implementation of the Agreement, the issues of "irregular migration" and people-smuggling be closely watched. Should the Agreement fail to decrease the number of claims being referred to the Immigration and Refugee Board, and should an increase in the number of illegal entries to Canada be apparent, the government must be prepared to exercise its authority to suspend or terminate the Agreement.

RECOMMENDATION 6

The Committee recommends that the regulations include an exception for claimants with de facto family members in Canada who serve or have served as their primary support mechanism.

RECOMMENDATION 7

The Committee recommends that section 159.5(b) of the regulations be changed to clearly include all protected persons under the Act.

RECOMMENDATION 8

The Committee recommends that the definition of family in the regulations be changed to provide that a person not be granted entry to Canada to pursue a refugee claim on the basis that his spouse or common-law partner is in Canada, if the spouse or common-law partner in Canada was permitted entry on the basis that her refugee claim concerns domestic violence.

RECOMMENDATION 9

The Committee recommends that an unaccompanied child be defined as a minor separated from both parents and not accompanied by a person over 18 who by law or custom has the responsibility for looking after the child.

RECOMMENDATION 10

The Committee recommends that section 159.6 of the regulations include a provision allowing for the non-application of the Agreement in any additional situations the Minister determines to be in the public interest.

RECOMMENDATION 11

The Committee recommends that Francophone claimants should, in the public interest, be permitted to have their claims heard in Canada.

RECOMMENDATION 12

The Committee recommends that claimants who may succeed in a claim for refugee protection under the Immigration and Refugee Protection Act but, because of the nature of their claim, would not be protected in the United States, should, in the public interest, be permitted to have their claims heard in Canada.

RECOMMENDATION 13

The Committee recommends that additional resources be provided to the department to meet the demands that will result from implementation of the Agreement. The government must closely monitor the effects of the Agreement and assemble "SWAT teams" that can be deployed quickly should bottlenecks appear.

RECOMMENDATION 14

The Committee recommends that the regulations specifically state that they are to be interpreted in a manner sensitive to the difficulties that may be faced by claimants in providing proof that they are eligible to have their claims heard in Canada, and that claimants should be given the benefit of the doubt.

RECOMMENDATION 15

The Committee recommends that the regulations provide for an effective and transparent internal review mechanism before returning someone to the United States to make a claim.

RECOMMENDATION 16

The Committee recommends that the provisions of the supplementary draft agreement be incorporated into the main Agreement.

RECOMMENDATION 17

The Committee recommends that when the department performs a full review of the Agreement one year after its implementation, it should report its findings to this Committee. The department’s report to the Committee should include the following information: