Thank you, Mr. Chair.
I am happy to be here today and I thank the honourable members of the committee for their interest in this issue. With me today is Micheline Aucoin, Director General of the Refugees Branch, also with Citizenship and Immigration Canada.
I will begin today with some general comments and then address the events and considerations concerning the Hinzman and Hughey litigation. Finally, I will note some of the existing provisions within the Immigration and Refugee Protection Act, the IRPA, or LIPR in French, which support the integrity of the immigration and refugee programs. We will then be happy to answer your questions.
First let me say that Canada has a fair, internationally recognized system for providing refuge to those fleeing persecution.
Refugee claims made in Canada, including those made by U.S. servicemen and women, are heard by the Refugee Protection Division of the Immigration and Refugee Board, or the IRB. The IRB assesses each claim on its merits with regard to risk of persecution, torture, risk to life, or cruel and unusual treatment or punishment.
The board has reported that 37 claims have been made by U.S. citizens on the basis of objection to military service. I should note that while waiting for a decision on their claims, refugee claimants who pass medical screening are entitled to work permits that allow them to be employed in Canada. Those who cannot find work may apply for social assistance.
Let me turn to the cases of Jeremy Hinzman and Brandon Hughey. The Federal Court of Appeal summarized the facts in the cases of Mr. Hinzman and Mr. Hughey as follows:
The two men voluntarily enlisted to serve the United States military. During their time in the military, they developed an objection to the war in Iraq. After learning that their units would be deployed to Iraq, they deserted the military and came to Canada, where they made claims for refugee status.
In January 2004, Mr. Hinzman came to Canada with his wife and their son, where they made inland refugee claims. Mr. Hughey made a similar refugee claim in January 2005.
The Immigration and Refugee Board found that the applicants were not convention refugees or persons in need of protection. The Federal Court of Canada reviewed the IRB decision and later dismissed the applicants' applications for judicial review. The Federal Court of Appeal dismissed their subsequent appeals.
Mr. Hinzman and Mr. Hughey sought leave to appeal the decision to the Supreme Court of Canada.