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Citizenship and Immigration committee  Yes. Mr. Giguère, any individual who wants to be accepted as an asylum seeker must submit as many documents as possible to support their claim. The documentation may include letters from lawyers,doctors or family members, pieces of identification, documents verifying their studies and employment, in order to show that what they are saying is true.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  It is almost impossible. On top of that, the person has to make an appointment. Try making an appointment with a family doctor in the next 15 days; let me know how that turns out. So you can imagine that obtaining a psychological report or a report from a doctor is simply impossible.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Mr. Opitz, your question does not take into consideration the reality on the ground. This is not about taking random people into your home and giving them your food. That's not the real issue. It has to do with knowing whether to give people the right to have a fair and equitable trial or hearing, in accordance with the four pillars that you yourself have mentioned.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Mr. Opitz, right now, neither Immigration Canada nor the Canada Border Services Agency has the power to release someone. Any release must strictly go through a member from the immigration division of the Immigration and Refugee Board. So it is not accurate to say or claim that someone can be released because their identity has been established.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  All I'm saying is that Immigration Canada or CBSA does not have the power to free any individual. It's only an adjudicator or a board member who has that power.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  When their identity is established you release them--that's not possible.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  In any event, there's no reason to detain individuals for a period of 12 months without detention reviews when the current system allows a regular detention review. As we've seen with the Sun Sea or the Ocean Lady, this is what the government has done in order to establish identity and to try to push out whoever was a potential person to be excluded in the definition of refugee.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Absolutely not. We are going to find ourselves with a system that will be so unfair, a system that will treat human rights and equality before the law with so much contempt. Detaining people for prolonged periods will put the administration of justice into disrepute and fan the flames of legal challenge.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Yes, in my presentation, I quoted the Supreme Court decision in the Charkaoui case, which restated the decision in the Sahin v. Canada case in 1995. So it is impossible for foreign nationals to have the validity of their detention determined under sections 9 and 10(c) of the Canadian Charter.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  That is what he is doing with the immigration process.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Mr. Weston, Bill C-11 has already been passed and it already changes the system that is designed to speed up hearings. Bill C-31 categorizes people even before they have made a claim for asylum. That is where the problem lies. The minister gives himself discretionary powers and sends the message to the panel that he himself can determine who is persona non grata.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  In my view, Bill C-31 actually will give enormous discretionary power to the minister who, in my opinion, will go beyond transparency and justification in order to obtain the desired result. Let us not forget that a large percentage of claims from European countries, such as the Roma from Hungary, were accepted before people started making speeches characterizing them in advance as bogus refugees.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  The Conservatives have been in power since 2006. In 2006, out of political principle, the Conservatives did not want to make political appointments; that lasted four years, Mr. Weston. In those four years, the number of judges on the panel was reduced by half. That therefore reduced by half the panel's ability to make decisions.

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Yes. Thank you. In other words, the AQAADI considers that the bill is, in its entirety—

May 2nd, 2012Committee meeting

Dan Bohbot

Citizenship and Immigration committee  Thank you. I thought so. So I was saying that, as a result of the budget cuts to the IRB, a failed claimant no longer has a right to a transcript of the evidence he gave before the negative decision. The IRB has announced that it will provide a CD recording of the hearing. Even under the best conditions, how will a refugee be able to get access to a computer to listen to the recording and prepare an appeal and a written case in 15 days?

May 2nd, 2012Committee meeting

Dan Bohbot