ГУЛаг Палестины

Гунин Лев

legislation began in 1997 and has evolved through extensive consultations with the

provinces, the territories, the legal community, non-governmental organizations and

the general public.

– 30

For Information:

Derik Hodgson

Press Secretary

Minister's Office

[phone]

Renй Mercier

Media Relations

Communications Branch

[phone]

Backgrounder # 1

Changes from Bill C-31

In response to Bill C-31, the government received submissions from the Canadian

Bar Association, the United Nations High Commissioner for Refugees, the

Canadian Council for Refugees and many others. The Minister has listened and

responded.

Framework Legislation

What we heard:

The government should ensure that all key principles and core policies are

reflected in the Act and not in the regulations. The regulations should be

limited to matters related to the implementation of policy.

Our response:

1.The new bill places greater emphasis on key principles, including:

The principles of equality and freedom from discrimination.

The principle that minor children should be detained only as a last

resort.

The principle of equality of status for both official languages.

2.The new bill also includes the following provisions previously intended to be

prescribed by regulation:

The provision that parents are members of the family class.

The provision that sponsored spouses, partners and dependent

children of immigrants and refugees and their dependents will not be

refused admission to Canada on the grounds that they would create

an excessive demand on the medical system.

3.The new bill also reinforces the government's commitment to gender

equality and provisions for opposite- and same-sex couples.

Provisions Affecting Permanent Residents

What we heard:

Permanent residents should have a separate, defined status that clearly

specifies their rights and obligations, including the right to enter Canada.

Loss of status determinations should be made only through an oral appeal

to the Immigration and Refugee Board (IRB).

Our response:

The new bill enhances the rights of permanent residents by:

Including a separate definition for permanent residents that highlights the

distinction between permanent residents and other foreign nationals.

Ensuring the right to an oral hearing before the IRB in the case of appeals

on the loss of permanent resident status.

Ensuring facilitated entry for permanent residents without a valid permanent

resident card if they have been outside Canada for less than one year.

Setting a higher threshold for examinations for permanent residents than for

other foreign nationals.

Requiring a warrant to arrest a permanent resident for any immigration

matter.

Access to the Refugee Determination System

What we heard:

Access to the refugee determination system is too restrictive and would

deny access to people convicted of politically trumped-up charges. Others

who are excluded from the IRB procedures may be denied access to a fair

risk assessment upon return to their country of origin.

Our response:

The possibility of politically trumped-up charges will be considered by the

IRB, except in cases where the Minister finds the person to be a danger to

the public.

The new bill clarifies that unsuccessful refugee claimants, refugees who

have withdrawn or abandoned their claims, and refugees excluded from the

IRB process will have access to a pre-removal risk assessment prior to

removal.

The risk review may provide for an oral hearing, depending on the complexity

of the case.

Repeat claimants will have access to the risk review after six months

instead of one year.

People refused resettlement overseas will have access to the IRB

determination system should they later apply from within Canada.

Other Amendments to Respond to Stakeholder Submissions

The time limit for filing leave for judicial review of overseas decisions is

prolonged from 15 to 60 days.

Convention refugees and protected people whose identities have been

established will be provided with a document indicating their status and

making them eligible to apply for refugee travel documents.

– 30

2001-03

Backgrounder # 2

Making the System Work Better

For Immigrants

Improving Client Service

What we are doing:

Piloting new approaches to overseas processing.

Introducing new technology: the Global Case Management System.

Why we are doing it:

To ensure faster processing, quality decisions and increased transparency.

Clearing up Backlogs and Managing the Inventory

What we are doing:

Designating new funds to clear up backlogs.

Improving the management of the inventory of applications for permanent

residence and for immigration visas abroad.

Introducing the Multi-year Planning Process.