I'm Sharalyn Jordan, Rainbow Refugee chair and assistant professor in counselling psychology at Simon Fraser University.
In a world where violent homophobic and transphobic hate persist and may be on the rise, Canada must live up to its promise to be a place of protection. For 17 years Rainbow Refugee has supported refugees who face persecution of their sexual orientation, gender identity, or expression. We applaud the commitment to LGBTQ refugee protection demonstrated by members of this standing committee from all three parties in its June report “LGBTQ+ At Risk Abroad: Canada's Call to Action” and by undertaking this study.
All refugee hearings are complex, but SOGIE decisions present distinct challenges for both refugees and adjudicators. Claimants who have spent their lives hiding to survive, and containing memories, are required to prove a highly stigmatized identity and to recount memories steeped in shame and trauma. Adjudicators report that these are some of the hardest decisions they face.
For over a decade, I've been observing hearings. I've witnessed a wide range of approaches, some sensitive and skilful, some brusque and bureaucratic, and a few deeply problematic. As a psychologist, I know that respect matters, not just because it's what Canadians expect from their government officials but also because respect helps trauma survivors stay clear-minded and present enough to give accurate testimony. I've been pleased to see significant improvements in the respect and fairness of proceedings over the years. There's still work to be done.
Last May, Rainbow Refugee enthusiastically welcomed the release and implementation of the SOGIE guidelines. Legal scholar Nicole LaViolette had called for these back in 1996. We had been asking for them since 2001. We were very proud to contribute to several rounds of consultations, and I was honoured to design and deliver training alongside lawyer Nicholas Hersh.
Anecdotally, I can tell you that this work is already making a difference. The SOGIE guidelines specifically direct adjudicators not to rely on western stereotypes, to think intersectionally, and to consider impacts of stigma and trauma. I'm seeing board members use the language and concepts of guideline 9 in the hearing room. This is promising, but there are further steps needed to ensure that respect and fairness are consistent.
Follow-up training is needed. Board members need to hear from people with direct experience. They need practice and feedback on how to question; the language they use; their analysis, particularly their credibility analysis; and their ability to recognize impacts of trauma. The IRB needs to evaluate how SOGIE guideline 9 is being operationalized, and its relationship with guideline 8 on vulnerability, as well as guideline 4 on gender and women.
In terms of selection, it's critical that new hires be screened for their ability to be both fair-minded and interpersonally respectful with women and LGBTQ claimants.
Lastly, I want to highlight a problem that undermines fairness and respect in the hearing process, a problem that may be just on the edge of the scope of this study.
In the western region, minister's representatives intervene in 30% to 40% of hearings, a much higher rate than in the rest of the country. These interventions change the tone dramatically, from neutral and respectful to adversarial. I've seen representatives present highly questionable forms of evidence and use belittling questions. At a minimum, minister's representatives should be trained on SOGIE guideline 9 and held to the same standards of respect as the IRB. I urge the committee to recommend, as part of this study or a future study, an examination of the role and conduct of the minister's representatives in IRB proceedings.
In summary, significant strides toward fairness and respect for LGBTQ refugee claimants have been made in recent years, but to fulfill Canada's commitment it's critical that the IRB be resourced to meet this high standard of consistent respect.
Thank you.