Thank you.
Evidence of meeting #29 for Citizenship and Immigration in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was federal.
A recording is available from Parliament.
Evidence of meeting #29 for Citizenship and Immigration in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was federal.
A recording is available from Parliament.
9:45 a.m.
Liberal
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Some of the questions I was going to ask, actually, Mr. Wilson asked. But have you determined how many extra judicial positions would be required if you were to leave the Federal Court of Appeal procedure as it is and implement RAD? Can you determine that based on the number of cases that presently are appealed? Have you done any of that analysis?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
We haven't done that analysis, sir.
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
What about the fact that presently, to the Federal Court, there is a process of leave to appeal and appeal based on the initial IRB decisions? If you have RAD, you will probably have leave to appeal and appeals based on the decisions of RAD. Is there going to be any difference in volumes with respect to leave to appeal and appeals, any difference in workload? Are you able to say?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
No, sir, I am not able to say.
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Are you able to do any kind of analysis in that regard?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
The only comment I can make about that is that definitely every time you add an appeal process you're going to eliminate some cases at the end, because some people are going to be successful and won't have any need to go to the final appeal process. That's about all I can say.
9:45 a.m.
Conservative
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
No.
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Notwithstanding the implementation of RAD, the process of appeals and procedural administrative appeals based on decisions made on the pre-removal risk assessment applications and humanitarian and compassionate grounds applications would continue to go to the Federal Court of Appeal. If we were to add time to the whole refugee determination process by establishing yet another layer of appeal, would not some of that in itself increase the number of humanitarian and compassionate grounds applications because of the passage of time?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
It could very well be.
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
You haven't done any determination or analysis of that. But wouldn't it stand to reason that some cases may take as little as five months, and some may take as long a year or two years to dispose of, depending on the contingencies of each case? That in itself would obviously provide some grounds, potentially, for humanitarian and compassionate grounds applications.
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I would say yes. I would agree with that statement.
9:45 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Have you thought about somehow streamlining the whole process and combining it to make it more efficient? If we look at all levels of determination--pre-removal risk assessment, humanitarian and compassionate grounds, appeals from the IRB--would that sort of streamline the whole process so that it works in tandem?
9:50 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
We have not at all looked at what goes on below us. We deal strictly with the judiciary and what comes before the Federal Court, but no other process. We have not had any meetings or consultations with anyone from CIC.
9:50 a.m.
Conservative
December 12th, 2006 / 9:50 a.m.
Liberal
Raymonde Folco Liberal Laval—Les Îles, QC
Thank you, Mr. Chair.
My question comes right after Mr. Komarnicki's--although it's not really a question, because you did give him an answer.
I would like to make a comment to the chair of this committee. When eventually we look at the type of report that this committee will wish to present to the House of Commons, I think it's important that when we look at the RAD, we see it not as being off and by itself but within the context of all the other types of appeals to which refused refugee claimants have access. I'm talking about humanitarian and compassionate grounds, I'm talking about risk of return, I'm talking about the Superior Court, and so on.
If I were a refugee claimant who had been refused and I went to the RAD, if the RAD existed, and the RAD told me, no, I couldn't do it, then obviously my next step would be to go on asking someone else, and someone else, and someone else. Because right now that's what the system allows, almost ad infinitum.
I would make the suggestion to the committee that when we come to our suggestions and recommendations for the minister and the House on the role of the RAD and whether the RAD should exist, we should put it in the context of all the appeals that are possible for refused refugee claimants. We should try to bring some kind of homogeneity and logic to the whole system of appeals on behalf of the refugee claimants.
I don't know whether you want to make a remark on that, Mr. Guénette.
9:50 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I agree with you 100%.
9:50 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
The commissioners of the IRB are appointed. In the past, the appointment process was such that many questioned the competence of the commissioners. Following that, a new process was established in 2004 by Ms. Sgro. Yet, today, one hears the same criticism about this new system, which has not put an end to partisan appointments.
How are judges appointed to the Federal Court?
9:50 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
The lawyer in question makes an application and there is a committee in place at the Office of the Commissioner of Federal Judicial Affairs. The committee is composed of citizens and judges. The committee reviews applications and decides whether or not the person is qualified. In addition, the candidate indicates in his or her application that he or she wishes to be appointed to the Federal Court, the Canada Tax Court, or the provincial Superior Court. To my knowledge, the minister then asks for a list of people deemed qualified, and they are appointed as judges.
9:50 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
Are you familiar with the commissioner appointment process and can you tell us about the difference between the two?
