Poste - Canadian Coalition for the Rights of Children

A report recently released by Citizenship and
Immigration Canada says that the Immigration Act “has
been amended on an ad hoc basis more than 30 times
since 1976, resulting in a complex patchwork of
legislative provisions that lack coherence and
transparency. The logic and key principles of the Act
have become difficult to discern for both immigrants
and Canadians.” 18
In January 1998, an independent advisory group
established by the Minister of Citizenship and
Immigration Canada to review the legislation released
its report. The report, entitled Not Just Numbers: A
Canadian Framework for Future Immigration, made
172 recommendations. One of the key proposals was
for a “simpler legislative framework to ensure clarity,
transparency and accountability.” 19
In January 1999, the Minister released a document called
Building on a Strong Foundation for the 21st Century:
New Directions for Immigration and Refugee Policy and
Legislation. This report outlined “broad directions” to
guide the department “in adapting present policies and
legislation.” The Minister said that she was seeking
“views and practical advice on the specific policies and
legislative proposals.” 20
Child Refugee Claimants
The refugee process in Canada can influence the lives of
children in various ways.
• The child is selected for refugee resettlement from
abroad as an unaccompanied minor;
• The child’s parent is selected for refugee resettlement
from abroad and the child is dealt with as part of that
claim;
• The child claims Convention refugee status within
Canada as an unaccompanied minor;
• The parent and the child each claim Convention
refugee status in his or her own right in Canada
“where the persecution feared is particular to the
child;” 21
• The child’s parent claims Convention refugee status
within Canada and the child is included as a dependant
under a parent’s application;
• The parent claims Convention refugee status within
Canada and the child waits abroad while the claim is
being determined;
• The child is born in Canada while his or her parent’s
Convention refugee claim is being considered.
H O W D O E S C A N A D A M E A S U R E U P ?
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Unaccompanied minors can claim refugee status within
Canada. Occasionally, an unaccompanied child will be
selected from overseas to settle in Canada, 22 except in
Quebec where unaccompanied minors are not eligible
for sponsorship. 23 When a child is admitted as an
unaccompanied minor, there is no expectation that the
child will be self-supporting. 24
The Chair of the Immigration and Refugee Board
estimated that there were 700 new cases of
unaccompanied refugee children before the Board in
1994. “Most such children,” said the Chair, “are sent by
parents or relatives from areas of significant danger to
the care of relatives or friends in a safe country.” 25
Guidelines on child refugee claimants came into effect in
1996. 26 The Guidelines’ general principle is the best
interests of the child. Best interests are defined broadly in
the guidelines and interpretation should vary depending
on the circumstances of each case and the child’s age,
gender, cultural background and past experiences.
The Guidelines also address the Immigration Act
requirement that all child claimants be appointed a
designated representative for all proceedings of the
refugee claim. This designated representative is not the
same as legal counsel although the child also has the
right to be represented by legal or other counsel. The
“linguistic and cultural background, age, gender and
other personal characteristics” should be considered
when appointing the representative. The representative’s
duties are to:
• retain counsel;
• instruct counsel or to assist the child in instructing
counsel;
• make other decisions with respect to the proceedings
or to help the child make those decisions;
• inform the child about the various stages and
proceedings of the claim;
• assist in obtaining evidence in support of the claim;
• provide evidence and be a witness in the claim;
• act in the best interests of the child.
Often, the designated representative is the child’s parent
or adult friend and Geraldine Sadoway, a lawyer with
Parkdale Legal Services in Toronto, says that
representatives lack sufficient understanding and
appreciation of the adjudication process to adequately
take on that role. 27