An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.
Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.
Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.