Citizenship and Immigration Committee on Nov. 15th, 2022

[Rema Jamous Imseis]

It's not for UNHCR to comment on the particular mode that Canada wishes to use for controlling its border. It's an independent sovereign state. As long as the process upholds their international legal obligations, that is our primary concern.

As I said, on my visits to Roxham Road, which are fairly regular, those that I make and that my colleagues make, what we have observed is that notwithstanding the fact that we are using an irregular entry point, the process is handled with a significant degree of care and it is meeting the minimum legal requirements.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

The matter is being challenged in courts right now in Canada. We'll see what the Supreme Court of Canada says about violations of basic human rights.

Going back to a more human level, I'll turn my question to the mayor.

Given that's the reality, you see first-hand the people coming through and the desperation that they're in through the story you just related to us. It's not necessarily for you to tell Canada what should be done, but from a human perspective, do you think that it would make sense if Canada were to suspend the safe third country agreement so that people would be able to get to safety in a safe way and not put their lives in jeopardy?

[Janet McFetridge]

It's very hard for me to really make that statement. It does seem like it would be safer if they could go to the regular crossing and ask for asylum there, but I don't know if that's going to happen. I have no way to influence the decisions in Canada—or in my own country, for that matter—at that level. That's all I can really say about that.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much for that very diplomatic response.

To all the witnesses, I get it that you're not here to tell Canada what to do; however, as a Canadian, I'm seeing what's happening, and I vehemently disagree with the Canadian government's approach to this by creating the safe third country agreement, putting it in place, forcing people to go through irregular means and putting their lives in jeopardy. I don't think it's the right thing to do, nor do I think it's a humanitarian thing to do, even though we have processes to allow for people to make a claim afterwards. There's a better way forward, and we don't have to put people through that process.

In the United States, part of the reason people choose to cross over irregularly to Canada—especially in the beginning when the Trump administration was in power—is that people who are faced with exploitation as a woman or who are faced with challenges in that way have fled their country because they're being persecuted because of their gender. Some are being persecuted because of their sexual identity. As a result of that, they're trying to get to safety.

The United States has a right to refuse these individuals as asylum claimants. Is that still happening in the United States? Maybe the UNHCR can share that information with us.

[Azadeh Tamjeedi]

I will address that question.

Recently, in 2021, UNHCR welcomed changes in the U.S. to their decision-making process related to gender-based and gang-related violence claims.

They walked back and repealed a decision called the “Matter of A-B-”, which had made it more difficult for these populations to make asylum claims in the U.S. Currently, there are improvements in the system related to gender-based violence claims and gang-based violence claims in the U.S., and we continue to work with U.S. authorities to improve their system related to these types of claims.

[Jenny Kwan, NDP, Vancouver East, BC]

When you say you're working with them to improve the system, what does that mean?

[Azadeh Tamjeedi]

That is in line with our role internationally, as it is here in Canada. We work on a bilateral basis with the U.S. government to make recommendations on the way they determine refugee claims, and we put forward ways to strengthen that system. A lot of those recommendations are publicly available on our websites, and they're also included in a lot of the amicus briefs that we file in various court applications as well.

[Jenny Kwan, NDP, Vancouver East, BC]

For the people who fear for their lives, who have declared that they are gay, for example, and who are being hunted down and disowned by their own families, do they know that they would be able to make a claim in the United States? What information do you have that you can share with us? How many of those individuals' claims have been rejected?

[Azadeh Tamjeedi]

I don't have that statistic on hand with me, but I will say that the U.S. does have a system where people could access counsel or get information on the asylum claim process, and information is also readily available online. That's all I can say at this moment in answer to your question.

[Jenny Kwan, NDP, Vancouver East, BC]

Would you be able to provide those stats to us?

[Azadeh Tamjeedi]

I will undertake to see if we have those statistics first and then provide them to the committee.

[The Chair, Liberal, Salma Zahid]

Thank you.

With that, this panel comes to an end.

On behalf of all the members of this committee, I really want to thank all the witnesses for appearing before us and for their patience. Thanks for adjusting your schedule with that of the committee. It was great to have you all.

If there is anything that you would like to bring to the attention of the committee and because of a lack of time you have not been able to discuss it, you can always send a written submission to the clerk of the committee, and that will be circulated to all the members.

Thank you once again.

The meeting is adjourned.