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