An Overview of Canada’s Refugee Policy

1. An Overview of Canada’s Refugee Policy Canadian Council for Refugees March 2005

2. Refugees - Part of Canada • Between 1995 to 2004, Canada welcomed more than 2.1 million immigrants. • 265,685 refugees were granted permanent residence (12%). How much do you know about Canada’s record towards refugees?

3. Canada’s Early Record • Refugee protection was not part of Canadian law until 1978. • Early immigration policy discriminated by race. British and Northern Europeans were encouraged to immigrate; whereas...

4. Canada’s Early Record …Chinese immigrants had to pay a Head Tax (increased to $500 in 1903); …Asians and others deemed undesirable were excluded by the "continuous passage" policy; and, …Black immigration from USA was discouraged by Canada’s Immigration Department.

5. Komagatu Maru In 1914, 250 South Asians came to Vancouver on the Komagatu Maru to test the Canada’s "continuous journey” policy. After two months aboard the ship in Vancouver Harbour, they were refused entry and forced to sail back to India.

6. Discrimination against Jews In the 1930-40s, thousands of European Jews tried to flee Nazi Germany. Motivated by anti-semitism, the Canadian government used its discretion to exclude Jews. Over 900 Jews aboard the St. Louis were denied entry. They returned to Germany and the concentration camps.

7. International Treaty to recognize Refugees The 1951 Geneva Convention Relating to the Status of Refugees defined who was a refugee, and their right to legal protection and assistance from states who signed.

8. Definition - Refugee Convention A refugee is any person who… " …owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his (sic) nationality and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country…"

9. 1951 Refugee Convention • The 1951 Convention was limited to protecting the 50 million European refugees after World War II

10. 1978 New Canadian Immigration Act In 1978, Canada’s Immigration Act was updated to include a humanitarian category for refugees needing protection and resettlement. In 1986, UN awarded the Nansen Medal to the Canadian people in "recognition of their major and sustained contribution to the cause of refugees".

11. Canadian Charter applies to Refugee Claimants On 4 April 1985, the Supreme Court of Canada rules the Canadian Charter of Rights and Freedoms protects the basic rights and freedoms of refugee claimants in Canada.

12. Singh Decision 1985 Known as the Singh decision, this Supreme Court decision declared that refugee claimants are entitled to basic standards of rights protection. 1988 Immigration and Refugee Board to created to hear refugee claims. April 4, date of Singh decision, is annually commemorated by Canadian refugeesupporters as “Refugee Rights Day”.

13. Where are Refugees Today? Statistics from UNHCR 2002 Statistical Yearbook, published July 2004.

14. Canada - A Leader in Refugee Protection Relative to other countries, Canada has earned a reputation as a leader with some POSITIVE elements: a) An independent expert tribunal with excellent documentation, b) Gender guidelines c) Until recently, minimal detention of refugee claimants d) An active resettlement program.

15. Issues for Canada: Sponsored Refugees wait for Years In 2005, more than 12,000 refugees overseas are waiting for a decision. Refugees sponsored in 2005 may not be interviewed until 2008. Private sponsors in Canada lose hope.

16. Issues for Canada: Anti-Refugee Discourse Some Canadian media and experts carry simplistic messages that dangerously present one group of refugees as more deserving than another. Refugees in camps are presented as "good" refugees who wait patiently overseas. Refugees who come to Canada to claim refugee status are presented as "bad«  and accused of jumping an imaginary queue.