C ANADIAN C ENTRE FOR V ICTIMS OF T ORTURE

April 9, 2010

The Honourable Jason Kenney Minister of Citizenship and Immigration Ottawa, Ontario Dear Hon. Minister: Re: Proposed changes to the Immigration and Refugee Protection Act We are writing to request a meeting with you in order to discuss your proposal under Bill C-11, affecting changes to the Immigration and Refugee Protection Act (IRPA) and the Regulations. At the Canadian Centre for Victims of Torture, we represent victims of torture from countries all over the world. Our clients are among the most vulnerable, and many of them are refugee claimants. Speaking on behalf all centres that work with victims of torture and war across Canada, one of our main concerns with Bill C-11 is the proposal to have refugee claimants interviewed within 8 days of making a claim and to have their claims heard within 2 months. While we agree that claims need to be processed more expeditiously, we are concerned that this expediency will sacrifice procedural fairness and sensitivity for claimants. Many of our clients who make refugee claims are survivors of torture. Some have suffered severe physical violence at the hands of government soldiers and others, sexualized violence at the hands of militias. Both groups arrive to Canada psychologically traumatized. It is well known that torture victims do not always disclose everything they have endured quickly upon arrival. We are concerned that the interview with a civil servant within 8 days will prejudice these claimants who will be unable to present their case adequately. We are further concerned that it is unrealistic to expect these claimants to have proper documentation to corroborate their claim within 2 months. Torture victims often require medical reports and psychological reports from their home country. They also require the same from local practitioners. We are concerned rushing claimants through the process will not allow them to adequately prepare for their hearings, leaving them at the mercy of an appeal, should their country not be deemed safe. We are also concerned that the inability of failed refugee claimants to submit an H&C application within one year of their decision will result in sending back a number of traumatized failed claimants. Although some claimants may not meet the test for Convention Refugee or protected person, their
Main Office 194 Jarvis Street, 2nd Floor Toronto, Ontario, Canada M5B 2B7 TEL. (416) 363-1066 FAX. (416) 363-2122 E-mail: mabai@ccvt.org Website: www.ccvt.org Scarborough Branch 2425 Eglinton Avenue E. Unit 220 Scarborough, ON M1K 5G8 TEL. (416) 750 - 3045 FAX. (416) 750 4990

Charity No.: 133327908 RR0001

Accredited to the International Rehabilitation Council for Torture Victims

C ANADIAN C ENTRE FOR V ICTIMS OF T ORTURE

plight may be deserving of humanitarian and compassionate intervention. A one year ban will force them back to their home country, to be re-traumatized. This could be remedied if the RAD had jurisdiction to examine humanitarian factors. These are some of our concerns with the proposed changes to IRPA. Our clientele is extremely vulnerable and we fear that Bill C-11, if implemented as it currently stands, will affect them negatively. We therefore request a meeting with you to express our concerns in more detail and suggest some amendments to Bill C-11. We also urge you to send the Bill to the Parliamentary Standing Committee on Citizenship and Immigration so that other organizations can make suggested changes to the Bill. Honourable Minister, we appreciate your efforts to introduce some much needed changes to refugee legislation such as the RAD and faster processing times but urge you to allow organizations who work with refugee claimants to make suggestions so that the legislation works for everyone. We look forward to your response. Sincerely,

Mulugeta Abai Prof. Susan McGrath Executive Director Chair, CCVT Board of Directors On Behalf of the National Network

Richard Wazana Barrister and Solicitor Chair, Legal committee

Main Office 194 Jarvis Street, 2nd Floor Toronto, Ontario, Canada M5B 2B7 TEL. (416) 363-1066 FAX. (416) 363-2122 E-mail: mabai@ccvt.org Website: www.ccvt.org

Scarborough Branch 2425 Eglinton Avenue E. Unit 220 Scarborough, ON M1K 5G8 TEL. (416) 750 - 3045 FAX. (416) 750 4990

Charity No.: 133327908 RR0001

Accredited to the International Rehabilitation Council for Torture Victims