CIMM Committee Report

Supplementary Report by the New Democratic Party of Canada

Following the incredibly valuable work that the Standing Committee on Citizenship and Immigration undertook during an emergency study on Immigration Measures for the Protection of Vulnerable Groups during the summer of 2016, it was clear that an additional study needed to be undertaken on the 2011 LGBTQ Refugee Pilot Project. The New Democratic Party welcomed the opportunity to do so, and hoped for strong recommendations in the report for the government to solidify and strengthen its commitment to providing asylum to individuals who face discrimination, violence, and persecution, among other hardships, solely on the basis of the sexual and/or gender identity.

The testimony members of the committee had the opportunity to hear was at times difficult, but showcased the incredible dedication of organizations in Canada and abroad who were undertaking to help individuals rebuild their lives in safety, and these efforts need to be applauded.

The New Democratic Party supports the recommendations in the main report, but additionally urges the government to take further actions in three areas.

The Immigration and Refugee Board (IRB)

In the main report, it is recommended that the government work with the IRB to find efficiencies and additional resource needs to effectively process the legacy refugee claims. Given the global context of unprecedented levels of forced displacement, it is important for the IRB to continue to increase its ability to efficiently hear and rule upon refugee claims, as Canada will continue to be seen as a safe haven for asylum seekers – as it should – and this will result in continued increased levels of claims before the IRB. However, all the efficiencies in the world cannot make up for under funding. In the 2016-17 Report on Plans and Priorities – Part III, IRB Chair Mario Dion wrote:

“In 2016-17, the Board’s ability to reallocate funding internally will be severely limited, particularly if the Board is faced with sustained increases at the RPD. As a result, commitments made by the Board in relation to refugee claims that are no subject to statutory time frames, such as the remaining 6,500 legacy claims, will have to revisited unless additional temporary funding is made available.”[i]

The need for more resources was acknowledged by the Minister of Immigration, Refugees and Citizenship during his appearance before this Committee on March 20, 2017. During that meeting he was questioned by NDP MP Jenny Kwan about the legacy claims and he stated that, “I think the approach should be efficiencies plus extra resources.”[ii]

During this study, Committee members had heard poignant testimony from Maurice Tomlinson of the Canadian HIV/AIDS Legal Network regarding the impact of the IRB’s inability to process legacy claims and the further impact to the system as a whole.

“The person who arrives as an HIV refugee is put into the system and is supported once they are granted refugee status. I would say that the current model works well. I am not aware of it being a particularly onerous process once the person has been granted status. The challenge has been getting them status. Thankfully, the process that has been introduced has been helped, but you still have persons who are legacy individuals in limbo. Their ability to find work, settle, and those kinds of things, has complicated their ability to access care and well-being. I would say that an urgent need is to address those legacy individuals.”[iii]

Funding constraints and Board vacancies have led the IRB to accumulate a backlog of over 24,000 cases, and this backlog is increasing by 1,000 cases per month. It was recently reported in the media that internal documents suggest that if these issues are not addressed, claims could eventually end up taking 11 years to process as a result of these backlogs, making every claim the equivalent of a legacy claim. It is the NDP’s strongest belief; additional resources are needed to ensure the integrity of Canada’s immigration and asylum system is not jeopardized.

Recommendation 1:

That following the identification of additional resources needs at the IRB, IRCC address those funding shortfalls by providing additional funding dedicated to the elimination of the legacy claims and the current claim backlog.

Internally Displaced Persons (IDPs)

During the 2016 Vulnerable Group and echoed during testimony for this study, a significant portion of LGBTQ individuals who are in need of protection and resettlement are internally displaced persons (IDPs). In the case of the LGBTQ community, this is often because individuals whose country of origin puts them in need of protection in the first place, be that due to outright criminalization of their existence, social discrimination etc. are often neighboured by countries with similar laws or social practices. This means that individuals might find themselves at increased risk should they leave their country of origin to make a convention refugee claim because not only will they find themselves persecuted in the second country, but they will now be without any supports they might have had in their country of origin. Furthermore, it is critical that there be a mechanism to address emergent cases or persecution outside processing time constraints of CIMM. 

Janet Altshool, a representative from LEGIT Vancouver stated, “Internally displaced people are a huge issue I’m seeing. Yes, more funding is needed, and yes, there should be a special category.”[iv] This was echoed by Sharalyn Jordan, Board Chair of Rainbow Refugee who said,

“We do need a specialized program for the internally displaced. Sexual orientation and gender identity and expression need to be considered in the vulnerability factors for that. This program should involve consultation and collaboration, resourced collaboration, with civil society organizations that have the know-how, the knowledge, and the connections to do this work.”[v] 

Without a mechanism to address these facts, members of this community will continue to lack adequate access to asylum. As this issue is growing globally for LGBTQ community members and others, the NDP again urgently recommends the government develop such a mechanism, echoing a recommendation made in the supplementary report on Vulnerable Groups.

Recommendation 2:

That, pursuant to Standing Order 108(1), the Committee establish a subcommittee of the House of Commons Standing Committee on Citizenship and Immigration to study the issue of internally displaced persons in order to determine how Canada can best respond to the increasing trend of internal displacement and the growing role of non-state actors in global displacement.  That the Subcommittee be comprised of 7 members.  That the Subcommittee report its findings to the Committee.

Immigration Levels Plans and Targets

During this study, witnesses were concerned that because refugees resettled through the pilot project are included under the current ceiling level that Canada accepts each year, encouraging an increase of LGBTQ refugees would mean a reduction in other refugee categories, many of whom are also facing urgent and life-threatening circumstances. Many of the witnesses appearing before the Committee also spoke to having the capacity to do more, should resources be made available for them to take further actions. Kimahli Powell, Executive Direction of Rainbow Railroad stated,

“Rainbow Railroad is pleased to partner with national organizations such as Rainbow Refugee and Capital Rainbow Refuge. However, we also receive requests from rural communities across the country that have the heart and organizing capacity to sponsor individuals by need resources.”[vi]

Sharalyn Jordan stated as well that, “There is clearly the capacity. You’ve heard about the fundraising capacity. There is desire to do more. We want to be given the opportunity.”[vii]

Therefore it is of the opinion of the New Democratic Party that it is critical that the government go beyond the recommendation in the main report to “maintain or increase” Privately Sponsored Refugee (PSR) and Blende Visa Office Referred (BVOR) levels.

Recommendation 3:

That LGBTQ Refugees that are resettled through the Rainbow Refugee Assistance Program be counted outside of the sponsorship agreement holders (SAH) allocations and that the increased levels of LGBTQ refugees do not have a negative effect on other Canada immigration and refugee program levels.

Conclusion

The Committee heard loud and clear from witnesses appearing during this study that more needs to be done to protect individuals who are persecuted for their sexual orientation or gender identity. Fortunately, what was equally loud was that are there are credible, well established, knowledgeable, and globally connected organizations here today that are doing the work, and both want to and are able to do more. At this point in time, they simply lack the stable and adequate resources to expand their efforts. In addition to the recommendations contained in the main report, the New Democratic Party strongly urges the government to act on the three recommendations contained here. The humanitarian expertise and spirit in Canada is something that should be fostered and encouraged. Unleashing the potential of our community driven organizations will not only save more lives, but will create and build more sustainable and close-knit communities here. LGBTQ individuals abroad face unjustifiable persecution of their existence in far too many countries across the globe; fortunately, Canada is not one of them. Some of the witnesses appearing before the committee were themselves LGBTQ community members who came to Canada to rebuild their lives in safety. As the Committee heard, they are doing everything in their power to provide this opportunity to others, and to work with their organizations in those countries to end this discrimination. Allowing these organizations to do more will not only allow more individuals to find safety in Canada, but sow the seeds for the elimination of this discrimination abroad.