CIMM Committee Report

Bloc Québécois’s Complementary Report of the report entitled:

"Asylum Seekers at the Canada’s Border".

Submitted by MP Alexis Brunelle-Duceppe to the CIMM on May 15, 2023

Bloc Québécois MP Alexis Brunelle-Duceppe hereby intends to table a supplementary report to the report of the Standing Committee on Citizenship and Immigration (CIMM) adopted on April 24, 2023. The Bloc Québécois is partially in agreement with this report. However, it preferred the first version (draft) of the report, written by the analysts, entitled "Conditions Faced by Asylum-Seekers" and presented to the committee on January 31, 2023. This first version was more faithful to the testimony heard during the Roxham Road study.

TITLE

The Bloc Québécois wishes to change the title (and the heading of the following sections) to " Conditions Faced by Asylum-Seekers at Roxham Road" as partially drafted in the first version (draft) of the report entitled "Conditions for Asylum Seekers" and presented to the committee on January 31, 2023 at 12:20 p.m.

SUMMARY

The Bloc Québécois fully agrees with the summary of the first version (draft) of the report entitled "Conditions Faced by Asylum-Seekers" presented to the committee on January 31, 2023 at 12:20 pm.

The summary of the first version of the report entitled "Conditions Faced by Asylum-Seekers" is as follows:

1. Immigration, Refugee and Citizenship Canada projects that, throughout 2022, a potentially record-setting 50,000 asylum-seekers will have crossed irregularly into Canada, bypassing points of entry at the border to file a refugee claim. Following migratory trends observed by the Royal Canadian Mounted Police in the last five years, 95% of these irregular refugees will have crossed at Roxham Road, into the province of Quebec. Not only is the situation at Roxham Road highlighting the need for a modernized approach to responsibility sharing at the border, but it also confronts Canadians to the vulnerability inherent to international humanitarian migration, in a very tangible way.

2. This report examines the impacts of Canadian legislation, related administrative processes, and the Safe Third Country Agreement (STCA) on the conditions that refugee claimants face to seek protection in Canada, specifically for those who cross at Roxham Road. It follows a study by the House of Commons Standing Committee on Citizenship and Immigration on the conditions faced by asylum-seekers conducted from 15 November 2022 to 25 November 2022.

3. The report is broken down in three chapters: Chapter 1 examines Canada’s role and legal obligations towards migrants seeking protection from persecution, explains the genesis of the STCA and implications of this bilateral agreement with the U.S., and details the roles played by Canadian governmental bodies in processing migrants that cross at Roxham Road. Chapter 2 paints a portrait of the situation at Roxham Road statistically, details the trauma inherent to irregular migration, discusses the merits and consequences of suspending the STCA, the potential changes and modernization plans that could be brought to expand the STCA, and questions whether the U.S. is a safe country for refugee claimants. Chapter 3 studies the current challenges and solutions being implemented to deal with the situation at Roxham Road, notably the turn towards technological solutions, the consequences of administrative backlogs on the delivery of key documentation for asylum-seekers, and the accessibility of social services in the province of Québec. The chapter concludes with stories of success despite hardships faced by migrants.

RECOMMENDATIONS

The Bloc Québécois would like to see Recommendation 1 of the first draft of the report entitled "Conditions Faced by Asylum-Seekers" presented to the committee on January 31, 2023 at 12:20 p.m., amended as follows to be read:

The Future of the Safe Third Country Agreement

Recommendation 1

That the Government of Canada suspend the Safe Third Country Agreement, pending completion of its negotiations to modernize the Agreement, with the United States government.

This amendment to provide for the dignified reception of asylum seekers through official channels was tabled by the Bloc Québécois in committee on February 15, 2023, but was rejected by a majority of members for a vote.

The Bloc Québécois wishes to retain all of recommendations 2 to 6 of the first version of the report entitled "Conditions Faced by Asylum-Seekers" and which are found in part in the report entitled "Asylum Seekers at the Canada’s Border" to be read:

Cease issuance of Entry for Further Examination documents

Recommendation 2 That the Canada Border Services Agency cease issuance of the Entry for Further Examination document to irregular asylum-seekers

Issuance of Work Permit and Refugee Protection Claimant Document upon Arrival Recommendation 3 That Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency work in tandem to issue Work Permits and Refugee Protection Claimant Documents to all eligible asylum-seekers upon arrival, whether regular or irregular, at the Canadian border

Extension of the Refugee Protection Claimant Document Period of Validity

Recommendation 4 That the Immigration, Refugees and Citizenship Canada extend the validity period of the Refugee Protection Claimant Document from two years to four years

Additional Resources at the Border

Recommendation 5 That the Government of Canada ensure that additional resources be allocated to the Royal Canadian Mounted Police, the Canada Border Services Agency and all relevant agencies at the border to support faster processes for asylum seekers and safer working conditions for government officials.

Develop Training on the Interim Federal Health Program

Recommendation 6 That the Government of Canada create a training program for health care workers to raise their awareness of the Interim Federal Health Program and how health care workers play an active role in serving asylum-seekers through this program.

BODY OF THE TEXT

The Bloc Québécois agrees with the entire body of the text of the first version (draft) of the report entitled "Conditions Faced by Asylum-Seekers" presented to the committee on January 31, 2023 at 12:20 p.m., the chapters and sub-headings of which are found in part in the report entitled "Asylum-Seekers at the Canada’s Border" and which are entitled respectively:

Introduction; Chapter 1: Legislative Framework and Processes at the Border; Canada’s Legislative Framework Surrounding Asylum-Seekers; The Canada–United States Safe Third Country Agreement; The Quarantine Act: A Closed Border (2020–2021); Processes at Roxham Road and at Saint-Bernard-de-Lacolle; The Royal Canadian Mounted Police; The Canada Border Services Agency at the Port of Entry; Chapter 2: Concerns at Roxham Road and the Future of the Safe Third Country Agreement; Irregular Crossing in Numbers; The Scale of the Irregular Migration Across the Globe; The Scale of the Irregular Migration in Canada; Trauma of Asylum-Seekers and Impact of Human Smuggling; Traumatic Experiences of Asylum-Seekers Crossing Irregularly to Canada; Smuggling at Roxham Road; Safe Third Country Agreement: Proposals for the Future; Benefits and Consequences of the Agreement; The United States as a Safe Country and Related Supreme Court litigation; Exceptions in the Safe Third Country Agreement; Imperative to Not Physically Close Roxham Road;

Chapter 3: Current Processing Challenges for Asylum-Seekers in Canada and Their Impacts in Quebec; Adoption of Technology in Meeting Processing Challenges; Recurrent Processing Challenges at the Immigration and Refugee Board; Immigration and Refugee Board Virtual Hearings; Canada Border Services Agency Processing Delays for Eligibility of Claim; The Canadian Refugee Protection Portal; 51 Additional Documentation Prior to Obtaining the Refugee Protection Claimant Document; 52 Entry for Further Examination Document; Implications for Asylum-Seekers; New Policy on Obtention of Work Permits Prior to Eligibility Determination; Quebec Under Pressure: Temporary Shelter and Supports for Asylum-Seekers; Lack of Resources and Access to Supports; Access to Healthcare; Access to Lawyers; Stories of Success Despite Hardships; APPENDIX A: MAP OF ROXHAM ROAD AREA AT THE CANADA–UNITED STATES BORDER.

WITNESSES

The Bloc Québécois would like to remind you that many witnesses spoke in committee for supporting of suspending the Safe Third Country Agreement and improving the reception conditions for asylum seekers who find themselves without official documents issued by Canada allowing them to find a job or study upon their arrival on Quebec territory, thus putting too much pressure on Quebec and organizations in the Montreal region.

The following paragraphs report on these evidences:

Conditions for asylum seekers

The main concerns that the Committee heard about Roxham Road are the volume of irregular migrants arriving at the border, the trauma experienced by refugees throughout the process, and the possibility of human smuggling. This chapter also provides a discussion on the future of the STCA, and a discussion about whether U.S. is safe country for refugees. […]

[Paragraph 22; page 16]

The RCMP is well-aware of human smuggling at Roxham Road. The vulnerability of displaced people makes them “easy prey for smuggling networks, which are made up of transnational organized crime groups known to engage in violence, including criminal activity.” Deputy Commissioner Michael Duheme confirmed the existence of coordinated efforts for human smuggling, which scale can vary from national to transnational. Many cases of smuggling have led to charges being laid by the RCMP for groups established in Canada and the U.S. However, enforcement of criminal law outside of Canada is complicated, as the American authorities do not consider these activities as constitutive of a “human smuggling” infraction.

Notes: CIMM, Evidence, 25 November 2022, 1320 (Michael Duheme); CIMM, Evidence, 25 November 2022, 1330 (Michael Duheme); CIMM, Evidence, 25 November 2022, 1355 (Martin Roach).

[Paragraph 38; pages 24 & 25]

As human smuggling has progressively become more flagrant, media scrutiny has increasingly shifted its attention towards this dangerous trend. Frantz André indicated he had participated in a broadcast news story for “Enquête” at Radio-Canada, which investigated human smuggling activities in Florida. Frantz André quoted “unbelievable amounts” from $8,000 to $12,000, and mentioned one woman he knew of who had been refouled to Chile three times had spent $37,000 in attempting to arrive to her destination. The story highlighted the fact that up to $12,000 were extorted from migrants well before they had reached the southern shores of the U.S. Claimants then have to spend an additional ten thousand dollars to deal with smugglers, and be driven to Roxham Road. He noted that migrants are ready to sacrifice everything, including their entire livelihood, in order to reach their destination. Smugglers are aware of the desperation of migrants trying to reach safer shores, and do not hesitate to take advantage of their precariousness.

Notes: CIMM, Evidence, 25 November 2022, 1340 (Michael Duheme); CIMM, Evidence, 22 November 2022, 1625 (Frantz André); CIMM, Evidence, 25 November 2022, 1435 (Stéphane Handfield).

[Paragraph 39; page25]

Marzieh Nezakat explained that the majority of families and individuals who cross the Canadian border have “exhausted their financial resources” making it from their country of origin to transitory countries in South America, then through the U.S. and finally to Canada. As explained by Marzieh Nezakat, human smuggling has a direct effect on the Canada’s capacity to integrate and regularize refugees. Their trauma is compounded by the fact that they have been subjected to human smuggling to make their way to Canada, but they are also forced to exhaust all of their financial resources to make their way via transitory countries. Upon their arrival, having to wait significant time before they are granted a work permit, “they are left with seeking aid [from] the community, agencies or working illegally as their last resort which [exposes them] to discrimination, stigmatization, and all sorts of potential abuse by employers.”

Notes: CIMM, Evidence, 25 November 2022, 1420 (Marzieh Nezakat); CIMM, Evidence, 25 November 2022, 1420 (Marzieh Nezakat).

[Paragraph 40; pages 25 & 26]

STCA’s suspension

Nevertheless, Maureen Silcoff emphasized that “the deleterious effects of the STCA [...] clearly outweigh its benefits.” The following organizations that testified before the Committee agreed that it would be preferrable to suspend the STCA:

a) The Refugee Centre, whose representatives concluded that suspending the STCA would be beneficial for both the public administration of claims and for settlement services helping refugees;

b) The Comité d’action des personnes sans statut, whose representative reiterated that eliminating the STCA would prevent migrants from taking unsafe routes to reach Canada, and enable them to enter in a dignified manner;

c) The Quebec Immigration Lawyers Association, which indicated that without the STCA, there would be a better distribution of refugee claimants across Canada, leading to better accessibility to social and legal services.97 Suspension of the STCA would also release some of the pressure applied on the CBSA and the IRB’s divisions in Quebec;

d) The Table de concertation des organismes au service des personnes réfugiées et immigrantes, which agreed that suspending the STCA would bring order and control to the border, and could help relieve the pressure on Quebec’s social services for newcomer assistance and legal aid.

Notes : CIMM, Evidence, 22 November 2022, 1630 (Pierre-Luc Bouchard, Refugee Lawyer and Head of Legal Department, The Refugee Centre) ; CIMM, Evidence, 22 November 2022, 1630 (Abdulla Daoud) ; CIMM, Evidence, 22 November 2022, 1635 (Frantz André) ; CIMM, Evidence, 22 November 2022, 1700 (Vincent Desbiens, Lawyer, Quebec Immigration Lawyers Association) ; CIMM, Evidence, 22 November 2022, 1725 (Perla Abou-Jaoudé, Lawyer, Quebec Immigration Lawyers Association) ; CIMM, Evidence, 22 November 2022, 1720 (Stephan Reichhold).

[Paragraph 45 and its subparagraphs; pages 28 to 30]

Stéphane Handfield, Lawyer, Handfield et Associés, also recommended that the STCA be suspended, and that refugee claims be filed at official points of entry on the entire Canadian border, as it was the case prior to the agreement coming into force in 2004. He told the Committee that article 10 of the STCA provides signatory states with the power to unilaterally suspend the application of the agreement:

Each of the parties can, by written notice given to the other, suspend the application of the* current agreement for a maximum of three months. Such a suspension may be renewed for additional periods to a maximum of three months.

Notes: CIMM, Evidence, 25 November 022, 1425 (Stéphane Handfield); CIMM, Evidence, 25 November 2022, 1410 (Stéphane Handfield).

[Paragraph 46; page 30]

Using this mechanism to temporarily suspend the STCA could act as a test for Canada to measure if returning to the conditions pre-STCA would be opportune for Canada’s asylum system.

Note: CIMM, Evidence, 25 November 2022, 1435 (Stéphane Handfield).

[Paragraph 47; page 30]

On the other hand, many witnesses cast a doubt on Minister Fraser’s suggestion that the suspension of the STCA would ultimately lead to increased migration towards Canada. Maureen Silcoff explained that such evidence was submitted by the CBSA to the Federal Court, where the Canadian Council for Refugees challenged the constitutionality of the STCA (which will be discussed in the next section), but that it was not accepted as admissible proof during trial. Instead, she pointed to comments made by a senior IRCC official which suggested that, on the contrary, suspending the STCA would help the current situation at Roxham Road as “people could cross at [at] different ports of entry” to enter into Canada. As such, Maureen Silcoff argued in favour of the suspension of the agreement, stating that it would help “disperse people from coast to coast and eliminate the funnel to Quebec,” improving access to settlement services.

Notes: CIMM, c, 22 November 2022, 1710 (Maureen Silcoff); CIMM, Evidence, 22 November 2022, 1655 (Maureen Silcoff).

[Paragraph 52; page 32 & 33]

When asked by Committee members, most witnesses sided with the Canadian Council for Refugees’ claim before the Supreme Court of Canada, that the U.S. is not a safe country for refugee claimants. Janet McFetridge, Mayor of Champlain and American citizen, for one, expressed the view that the American asylum system was “extremely broken,” in consideration of the situation at the American southern border and the ensuing “pipeline” of migrants coming into Canada.

Note: CIMM, Evidence, 15 November 2022, 1710 (Janet McFetridge).

[Paragraph 60; page 36]

Frantz André, representative for the Comité d’action des personnes sans statut, suspected that the U.S. was circumventing the STCA by rejecting refugee claims that should be admitted in their country, and that the Canada-U.S. agreement was discriminatory. He noted that 28,000 Haitians were deported from the U.S. without having an opportunity to have their cases heard. He also reported that mistreatment and racism were commonplace for migrants in the U.S., and that the American rigid approach to humanitarian migration was leading to the irregular migration at Roxham Road. On this point, Frantz André provided the Committee with disconcerting descriptions of the American system reported in the media: “American border agents on horseback chasing migrants toward a river, lassos in hand, as if it was a slave hunt.” He noted that although the U.S. had extended temporary protected status in November for Haitian nationals who are making asylum claims, the Haitian diaspora was anxious and uncertain about their status in that country.

Notes: CIMM, Evidence, 22 November 2022, 1615 (Frantz André); CIMM, Evidence, 22 November 20222, 1555 (Frantz André); CIMM, Evidence, 22 November 2022, 1625 (Frantz André); CIMM, Evidence, 22 November 2022, 1555 (Frantz André); CIMM, Evidence, 22 November 2022, 1610 (Frantz André).

[Paragraph 61; pages 37 & 38]

Quebec Under Pressure

It was common practice to issue the Refugee Protection Claimant Document (or Brown Paper) upon arrival in Canada, however, as the numbers of claimants became less and less manageable, what The Refugee Centre describes as a “deterioration in the bureaucratic processes and promises” that the Canadian government has made to asylum-seekers occurred, and another document, the Acknowledgment of Claim, has been often issued instead of the Refugee Protection Claimant Document.

The Acknowledgement of Claim document does not afford the refugee claimant the same rights as the Refugee Protection Claimant Document—no work permit or photo identification—instead, it provides a date for a future appointment when the claimant obtain their Refugee Protection Claimant Document. The Refugee Centre testified that over 90% of the 312 asylum-seekers they have worked with since the Acknowledgement of Claim started being issued received an Acknowledgement of Claim with a date in the future to obtain their Refugee Protection Claimant Document. The wait times for an appointment to obtain this document began at a three to six weeks, but more recently, the new appointment dates average 16–18 months from the date of issue. Additionally, Abdulla Daoud told the Committee that from entry, an asylum claimant can wait up to four years to gain safety in Canada.

Notes: CIMM, Evidence, 22 November 2022, 1600 (Abdulla Daoud); The Refugee Centre, Brief, 14 November 2022, p. 2; CIMM, Evidence, 22 November 20222, 1600 (Abdulla Daoud).

[Paragraphs 93 & 94; pages 53 & 64]

In 2017, asylum-seekers started crossing the border outside official ports of entry in large numbers noticeably in Quebec, Manitoba and British Columbia, prompting the Committee to study the issue in 2017 and 2018 […].

The Committee learned that the RCMP has up to 800 officers in the Quebec region, and approximately 120 of them are dedicated at the moment in the Roxham Road area patrolling the border. Deputy Commissioner Michael Duheme told the Committee that the RCMP’s complex mandate normally prioritized serious and organized crime, financial crime and national security.

Note: CIMM, Evidence, 25 November 2022, 1325 (Michael Duheme); CIMM, Evidence, 25 November 2022, 1325 (Martin Roach, Superintendent, Acting Criminal Operations Officer, C Division, Royal Canadian Mounted Police); CIMM, Evidence, 25 November 2022, 1330 (Michael Duheme).

[Paragraph 16; page 13]

Although the surge in irregular migrants is observed elsewhere in Canada, the vast majority of irregular crossings to Canada take place at Roxham Road, in the province of Quebec. IRCC has held that 90% of all irregular entries to Canada are made by crossing at that location. The RCMP supported that finding, and shared that, between 2017 and 2021, 95% of RCMP interceptions after illegal crossings have occurred at Roxham Road. These observations have led IRCC to recognize the importance of reallocating resources from other regions into Quebec, and appropriately share the workload with their provincial partner, as will be discussed in Chapter 3.

Note: CIMM, Evidence, 25 November 2022, 1420 (Marzieh Nezakat, Manager, Refugee Settlement and Integration Program, Multilingual Orientation Service Association for Immigrant Communities); CIMM, Evidence, 18 November 2022, 1325 (Christiane Fox); CIMM, Evidence, 25 November 2022, 1320 (Michael Duheme); CIMM, Evidence, 25 November 2022, 1315 (Aaron McCrorie).

[Paragraph 29; pages 19 & 20]

Refugee claimants that enter Canada are entitled to a work permit and essential services, like basic medical coverage. But often, it can take months and even years for claimants to be able to access these supports, as was discussed above. Refugee claimants arriving at the Canadian border are also highly concentrated in Quebec, as Roxham Road is the location on the border between Canada and the U.S. that over 90% of asylum-seekers traverse. Vincent Desbiens explained to the Committee that once a refugee claimant is processed in Quebec, it can be nearly impossible to move to another province:

Some people will say that while refugee claimants arrive in Quebec, they can quickly move elsewhere in Canada. In reality, the situation [is] quite different. First, their mobility is limited, because they have to wait for their work permit in the mail, to be able to support themselves as soon as possible. They are living in a financially precarious state, when it is already difficult to access housing and the price of food is constantly going up. During this time, all of the social services available to help them integrate [...] in Quebec, in both legal and social terms. Once claimants have found a lawyer, rented a place to live and enrolled their children in school, it becomes a lot more difficult for them to go and live somewhere else.

Note: CIMM, Evidence, 22 November 2022, 1700 (Vincent Desbiens)

[Paragraph 104; pages 59 & 60]

Since January 2022, Quebec had received nearly 45,000 out of the 72,000 refugee claimants, whether regular or irregular, who have arrived in Canada up to November 2022, which is “a distinction that no one makes when it comes to services or housing,” according to Stephan Reichhold, Director General, Table de concertation des organismes au service des personnes réfugiées et immigrantes. This leaves a heavier burden on Quebec than any other province or territory with respect to housing, social services, and other supports.

Note: CIMM, Evidence, 22 November 2022, 1705 (Stephan Reichhold)

[Paragraph 105; page 60]

Many witnesses are worried about the level of care asylum-seekers are receiving and the fact that services made available to them are diminishing in part due to the influx of migrants, and their concentration in Montréal.211 Frantz André and Vincent Desbiens highlighted a very serious issue in the transfer of some asylum claimants to Ontario from Quebec without their full knowledge that they were going to another province and/or without their consent. Vincent Desbiens explained: “They really had no desire to go and live in Ontario and go through another migratory journey, having already suffered enough to get to Canada.”212 Frantz André elaborated on the issue, saying that some claimants were given the option of either, on short notice, finding accommodation in Quebec or going to a different facility.213 It should be mentioned that not all asylum-seekers in Quebec are given this option, it is seemingly random and families can be separated.

Notes: CIMM, Evidence, 22 November 2022, 1640 (Frantz André), CIMM, Evidence, 22 November 2022, 1705 (Stephan Reichhold), CIMM, Brief, Mireille Paquet, Research Chair on the Politics of Immigration, Concordia University, 2 December 2022, p. 4; CIMM, Evidence, 22 November 2022, 1700 (Vincent Desbiens); CIMM, Evidence, 22 November 2022, 1555 (Frantz André).

[Paragraph 109; page 62]