Лев Гунин - ГУЛаг Палестины

clearer grounds for detention, fewer appeals and opportunities for judicial review to

delay the removal of serious criminals, and suspension of refugee claims for people

charged with serious crimes until the courts have rendered a decision.

The legislation reaffirms the commitment to faster but fair decisions on refugee

claims by consolidating several current steps and criteria into a single protection

decision to be made by the Immigration and Refugee Board, and by combining the

increased use of single-member panels with an internal paper appeal before the

Board.

In addition, the new bill reintroduces a number of key provisions designed to

expand the admission of workers with the skills that are most acutely needed in

Canada.

The key changes that have emerged from discussions of Bill C-31 and that were

introduced today include:

The inclusion of the definition of permanent resident in the Act;

Provisions within the bill that reinforce the government's commitment to

gender equality and clarify that parents are members of the family class;

An oral appeal hearing for people facing a loss of permanent resident status

for failure to maintain residency;

Improved safeguards for people in need of protection:

unsuccessful repeat refugee claimants will be eligible for a

pre-removal risk assessment (PRRA) if they return to Canada after

six months (as opposed to one year);

discretion for oral PRRA in exceptional circumstances;

protected people whose identities have been established will be

eligible to apply for Canadian refugee travel documents;

The requirement of a warrant to arrest refugees and permanent residents for

any immigration matter.

The principle that children will be detained only as a last resort.

The Minister promised supporting regulations over the coming months, which will

include a strengthened overseas refugee resettlement program, an expanded family

class, new selection criteria to attract more highly skilled and adaptable

independent immigrants, and the creation of an "in-Canada" landing class for

temporary workers, foreign students and spouses already established in Canada

and wishing to stay.

The expanded family class will increase the age at which a dependent child can be

sponsored from under 19 to under 22 and allow spouses and children to apply for

permanent residence from within Canada. The Minister also expressed willingness

to pursue discussions with the provinces over additional ways to expand the family

class.

The new legislation will replace the current Immigration Act, which was first passed

in 1976 and which has been amended more than 30 times. Work on the new

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

(613) 954-1064

Renй Mercier

Media Relations

Communications Branch

(613) 941-7042

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.

Why we are doing it:

To serve Canadians, permanent residents and potential immigrants faster

and more effectively.

To enable the program to move toward immigration levels of one percent of

the population.

Expanding the Family Class

What we are doing:

Broadening the definition of "dependent child" by increasing the age from

under 19 to under 22.

Opening up adoption provisions in keeping with the principle of the best

interests of the child.

Modernizing the definition of "family" to include common-law and same-sex

partners.

Why we are doing it:

To reflect the high value Canadians place on the family.

To maintain and enhance the family class as an important component of the

overall program.

To reflect the changing nature of social relationships in Canada.

Facilitating Family Reunification

What we are doing:

Creating an in-Canada landing class for sponsored spouses and partners for

both immigrants and refugees.

Exempting sponsored spouses, partners and dependent children from the

admission bar with regard to excessive demand on health or social services.

Reducing the age at which Canadian citizens and permanent residents are

eligible to sponsor from 19 to 18.

Including "parent" in the definition of family class within the Act.

Reducing the length of the sponsorship requirement from 10 years to 3

years for spouses and common-law opposite- and same-sex partners.

Why we are doing it:

To make it easier for families to be reunited as soon as possible.

Incorporating the Best Interests of the Child

What we are doing:

Incorporating the principle of the best interests of the child in appropriate

provisions of the Immigration and Refugee Protection Act.

Why we are doing it:

To uphold our international commitments as a signatory to three United

Nations conventions on the rights of the child.

To reflect the high value Canadians place on the well-being of children.

Modernizing the Selection System: Skilled Workers

What we are doing:

Moving away from an occupation-based model to one focused on flexible

and transferable skills.

Assigning more weight to education.

Increasing the relative weight of having knowledge of an official language but

ensuring that language is not a bar to admission.

Creating an "in-Canada landing class" for temporary workers (including

recent graduates from Canadian schools) who have a permanent job offer

and who have been working in Canada.

Why we are doing it:

To attract and keep the highly skilled, adaptable immigrants that Canada

needs to succeed and prosper in the future.

Expanding the Temporary Worker Program

What we are doing:

Facilitating the entry of temporary workers through a more serviceoriented

approach.

Pursuing agreements with individual sectors or firms to identify and meet

short-term labour market needs, while respecting the terms of applicable

federal-provincial agreements.

Why we are doing it:

To allow the immediate needs of employers to be met faster.

To expand our access to the global labour market.

To attract people who are skilled and on the move and to encourage them to

make Canada their destination of choice.

Strengthening Sponsorship Obligations

What we are doing:

People in default of court-ordered spousal or child support payments will not

be allowed to sponsor.

People convicted of a crime related to domestic abuse will not be able to

sponsor unless a pardon has been granted or rehabilitation has been

demonstrated.

New legislative provisions will improve the ability of the federal government to