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Eliminating Appeals
What we are doing:
Eliminating appeals to the Immigration Appeal Division for serious criminals,
people who present security risks, members of criminal organizations and
war criminals. There will remain recourse to judicial review with leave by the
Federal Court.
Why we are doing it:
To ensure that we can remove serious criminals and people who pose a
security threat to Canada without delay.
Suspension of a Refugee Claim
What it is:
The ability to suspend a person's application for protection before the IRB if
he or she has been charged with a crime. The claim would be suspended
until the courts have rendered a decision on the case.
Why we are doing it:
To prevent abuse of the system by people who come to Canada not
because they need protection but because they intend to engage in crime.
Repeat Claims
What we are doing:
Extending the period after which a new claim can be made from 90 days to
six months.
Why we are doing it:
To avoid "revolving door" situations where failed refugee claimants return to
Canada and make multiple claims.
Detention and Day Parole
What we are doing:
Excluding incarcerated foreign criminals under removal order from day
parole.
Why we are doing it:
It is inconsistent to integrate individuals into Canadian society who are to be
deported on completion of their sentence.
Streamlined Security Certificate Process
What we are doing:
Applying to permanent residents the security certificate process that
currently applies only to non-permanent residents. The process requires the
signatures of two ministers to the effect that the person is inadmissible on
grounds of security, and a review of the certificate by a Federal Court judge.
Why we are doing it:
To make it easier to remove permanent residents who pose a serious threat
to national security.
New Inadmissibility Classes
What they are:
Two new classes of people who will be inadmissible to Canada: (1) people
subject to travel sanctions imposed by Canada as a member of an
international organization such as the United Nations; (2) people who
committed fraud or misrepresentation on an immigration application will be
inadmissible for 2 years.
Why we are doing it:
To strengthen our ability to enforce international sanctions.
To prevent immigration to Canada through fraudulent means.
Backgrounder # 3
Milestones On the Road to New Legislation
Since 1996, the Government of Canada has been reviewing immigration and
refugee policy and legislation with a view to fundamental policy reform and the
introduction of new legislation.
The comprehensive review process that has been under way since has involved a
significant number of consultations with many different groups and interests as well
as with individual Canadians. Ministers have been discussing immigration reform
with Canadians for more than four years.
This process has included:
The appointment of a Legislative Review Advisory Group (LRAG) in 1996
commenced a major consultation process both by LRAG and by the
government on their report, Not Just Numbers, in 1998.
A Red Book commitment in 1997 and 2000 to streamline and update the
immigration/refugee system, which promised to implement changes to
make Canada's immigration system simpler, more effective, and more
easily understood.
The release of the White Paper, Building on a Strong Foundation for the
21st Century: New Directions for Immigration and Refugee Policy and
Legislation in January 1999;
Consultations on the White Paper with Canadians, provinces and territories,
non-government organizations, the legal community, special interest
groups, and the business sector throughout 1999;
Immigration commitments in the 1999 Throne Speech, Budget 2000 and
2001 Throne Speech; including the 2001 Throne Speech commitment to
re-introduce legislation to streamline and improve the immigration system.
Consultations leading up to the Standing Committee Report of March 22,
2000 entitled Refugee Protection and Border Security: Striking a Balance;
and
The introduction of the new Immigration and Refugee Protection Act (Bill
C-31 Bill C- ) in 2000 and 2001.
General agreement on fundamentals
There is general agreement that Canada needs a new Act that is simpler, more
effective, and more easily understood. Canadians want to stop abuse of our
immigration and refugee system and protect Canada's borders.
They want a system that is fair, effective, and respectful of Canada's humanitarian
traditions and international commitments in a world of increasing migration
pressures.
They also agree that Canada needs immigrants to contribute to Canada's
economic growth and prosperity. The business community needs access to the
highly skilled global workforce. Canadians recognize that immigration is largely
responsible for Canada's rich and diverse culture, and is a key advantage in the
global economy.
Canadians want a system that reflects our traditions of family reunification and
family values, honours our history of compassion for refugees needing a safe
haven, and contains selection criteria for immigrants that will ensure that
newcomers contribute Canada's economic and social fabric.
Immigration has proved to be a successful economic, social and cultural strategy
for Canada in the past and will continue to be so in the future.
& 2001-03
Backgrounder # 4
Detention Provisions Clarified
Detention is one of the most serious measures a liberal society can impose on
individuals. It must be limited to cases where it is clearly warranted and does not
contravene Canada's Charter of Rights and Freedoms.
However, Canadians want to ensure that their safety and security is protected and
that that their borders remain safe.
Current grounds for detention remain unchanged
Under the current legislation, there are three main commonly used grounds for
detention:
1.Failure to establish identity;
2.Danger to the public; and
3.Unlikely to appear for future immigration proceedings or removal.
Detention process will be more effective and transparent
The criteria for detention decisions will be established in the new Regulations.
There will be a requirement to review detention decisions after 48 hours, with further
reviews scheduled after 7 days and each subsequent 30-day period.
Foreign criminals facing deportation orders will not be eligible for day parole, as
they are unlikely to respect conditions set out in temporary release programs.
Priority hearings for those in detention
To balance increased detention measures, the Immigration and Refugee Board
(IRB) will give priority to hearings for those being held in detention.
This streamlining should prevent refugee claimants from remaining in detention for
long periods of time. Every step in the process from the irregular arrival of a foreign
national in Canada to his or her removal following a negative decision will be fair
and faster.
Protection of unaccompanied minors
While the legislative package honours Canada's international commitments to
protect the best interests of the child, the security and safety of unprotected
minors arriving as part of a criminally organized smuggling or trafficking operation is
a major concern.
These children are vulnerable to exploitation and coercion by the traffickers; in
these cases, detention is truly a last resort and this is stipulated in the Act. The
Government of Canada will make every effort to make arrangements with provincial
social services to protect these children effectively, while seeking to ensure that
they are not deprived of education and other basic needs.
2001-03
Backgrounder # 5
A Fair, Faster, More Effective Refugee
Determination Process
Front-end security screening of all refugee claimants
In the current system, security and background checks are initiated only once an
individual has had a refugee claim accepted and has applied for permanent resident
status. In the new system, security screening will be initiated for all claimants at
the time the claim is submitted. Greater coordination between domestic and
international agencies will improve the timeliness of security information.
Faster referrals to the Immigration and Refugee Board (IRB)
The legislation will speed up this process by clarifying grounds of eligibility and
automatically referring all eligible claims to the IRB within 3 working days.
Consolidated assessment of protection grounds at the IRB
Currently, assessment of the grounds for protection is handled in several stages,
one at the IRB and the others at Citizenship and Immigration (CIC). The new
system will consolidate these grounds in one risk assessment during a single
hearing process at the IRB. The grounds for assessment of risk are: Geneva
Convention on Refugees, risk of torture (Convention Against Torture), and risk to
life and/or cruel and unusual punishment. These grounds are not new; they are
merely being brought together from several current steps into one.
Use of single-member panels as the norm at the IRB
Currently, two-member panels hear refugee cases at the IRB, and in the majority of
cases the decisions are unanimous. The process will be made more efficient by
the use of single-member panels as the norm.
Greater use of Ministerial interventions
The Minister (by delegated authority to her officials) will have the right to intervene
at IRB hearings to present security information or other data pertinent to the case.
Greater coordination between domestic and international agencies will improve the
timeliness and accuracy of information.
Paper review on merit to be introduced
To ensure consistency in decision-making and fairness to all refugee claimants, a
paper review on merit may be conducted by a division of the IRB. This step is
intended to ensure fairness and reduce the number of protracted applications for
leave for judicial review by the Federal Court.
Pre-Removal Risk Assessment (PRRA)
In keeping with Canada's international commitment not to repatriate people who
would face risk upon return, the Pre-Removal Risk Assessment (PRRA) will be
provided on the same consolidated protection grounds, and coordinated with CIC
removal priorities. Pursuant to the Geneva Convention, serious criminals, security
risks, and members of organized crime groups will be excluded from consideration
of refugee protection grounds. Their PRRA will be limited to risk of torture and cruel
and unusual punishment.
Linking the PRRA and the removal process will allow for expeditious -yet fair -
treatment of all removal cases. This will ensure that no one will be sent to a
situation of risk to life or cruel and unusual punishment in their country of
nationality.
Six month bar on repeat claims
If a person returns to Canada after removal, they will not be allowed to reapply for
refugee status for six months following removal. Prior to the six months, previously
refused claimants would continue to have the option of seeking protection at any
Canadian mission abroad. Persons who return to Canada after six months may
apply for a pre-removal risk assessment but they are not able to re-access the
refugee protection system of the IRB.
Criminals will be barred from the Refugee Protection System
The new Legislation clarifies inadmissibility criteria to ensure that serious
criminals, terrorists, human rights violators and security risks will be barred from
access to the refugee determination system and promptly removed from Canada.
Campaign Against Fraudulent Medical Research
P.O. Box 234
Lawson, New South Wales 2783
Australia
Phone: +61 (0)2-4758-6822
URL: www.pnc.com.au/~cafmr
Although the above materials are highly recommended by CAFMR, we do not necessarily share all the views expressed by the authors.
Note about copyright: Any of the above information may be downloaded, copied, printed or otherwise distributed without seeking permission from CAFMR. However, printed acknowledgement is required when this is done.
Bradley R. Smith
Revisionism by: CODOH, POB 439016, San Diego, CA 92143
The Revisionist Campus Project
David Irving's Reply to
Jeffrey Shallit's "Lies of Our
Times"
London,
[ ]
Dear Professor Shallit,
I am not a subscriber to the Internet, but over the last few
months I have heard repeatedly about scurrilous materials
which you have been posting on that medium; at least you
have had the courage to put your name to them as author,
although this lays you open to the kind of lawsuit which I have
started conducting--and winning--here in the British courts.
I have so far seen versions of your Shallit's Report, and of your
"Lies of Our Times." You appear to be interested in the Truth,
and that being so I am making these comments to assist you
in the search for that elusive quantitй.
It appears that your primary source is a handout or handouts
of the Wiener Library (Dr David Cesarini) and of the Board of
Deputies of British Jews, who have furnished the League of
Human Rights of the B'nai Brith Canada with two lengthy
secret reports which are the subject of dispute between me
and the Board under both the Data Protection Act 1984 (the
Board at first denied having any data on me), and the
Defamation Act 1952 (the Board's solicitor is negotiating with
me for permission to withdraw the reports in toto, in return for
an undertaking by me not to pursue the matter in the courts).
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