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Lgbtq+ at Risk Abroad: Canada’S Call to Action

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Lgbtq+ at Risk Abroad: Canada’S Call to Action LGBTQ+ AT RISK ABROAD: CANADA’S CALL TO ACTION Report of the Standing Committee on Citizenship and Immigration Borys Wrzesnewskyj Chair JUNE 2017 42nd PARLIAMENT, FIRST SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission. Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca LGBTQ+ AT RISK ABROAD: CANADA’S CALL TO ACTION Report of the Standing Committee on Citizenship and Immigration Borys Wrzesnewskyj Chair JUNE 2017 42nd PARLIAMENT, FIRST SESSION STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION CHAIR Borys Wrzesnewskyj VICE-CHAIRS David Tilson Jenny Kwan MEMBERS Gary Anandasangaree Bob Saroya Julie Dzerowicz Marwan Tabbara Hon. Michelle Rempel Salma Zahid Randeep Sarai OTHER MEMBERS OF PARLIAMENT WHO PARTICIPATED Randy Boissonnault Colin Fraser Ali Ehsassi Dave MacKenzie Mona Fortier CLERK OF THE COMMITTEE Erica Pereira LIBRARY OF PARLIAMENT Parliamentary Information and Research Service Madalina Chesoi Julie Mackenzie iii THE STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION has the honour to present its TWELFTH REPORT Pursuant to its mandate under Standing Order 108(2), the Committee has studied the 2011 LGBTQ Refugee Pilot Project and has agreed to report the following: v TABLE OF CONTENTS LGBTQ+ AT RISK ABROAD: CANADA’S CALL TO ACTION......................................... 1 PREAMBLE ............................................................................................................... 1 INTRODUCTION ....................................................................................................... 1 BACKGROUND ......................................................................................................... 2 A. Canada’s Refugee System ............................................................................... 2 1. Resettlement Priorities ................................................................................ 3 B. 2011 Refugee Resettlement Pilot Project ........................................................ 4 WHAT THE COMMITTEE HEARD ............................................................................ 5 A. Risks for LGBTQ+ Refugees ............................................................................ 5 B. Barriers for LGBTQ+ Refugees ........................................................................ 6 1. Self-Identifying as LGBTQ+ ........................................................................ 6 2. Application Procedures and Processing Times ........................................... 6 3. Resettlement needs of LGBTQ+ Refugees ................................................. 8 4. Internally Displaced Persons ....................................................................... 9 5. Legacy Refugee Claims ............................................................................ 10 6. Risk of Fraudulent Refugee Claims ........................................................... 10 7. Lack of Information .................................................................................... 11 8. Medical Inadmissibility............................................................................... 11 HOW TO BETTER ADDRESS THE NEEDS OF LGBTQ+ REFUGEES.................. 13 A. What Canada is Doing Well and Areas of Improvements .............................. 13 1. Need for the Rainbow Refugee Assistance Program ................................ 14 B. Need for Advocacy ......................................................................................... 16 CONCLUSION ......................................................................................................... 17 LIST OF RECOMMENDATIONS .................................................................................. 19 APPENDIX A: LIST OF WITNESSES ........................................................................... 23 APPENDIX B: LIST OF BRIEFS ................................................................................... 25 REQUEST FOR GOVERNMENT RESPONSE ............................................................. 27 DISSENTING OPINION OF THE CONSERVATIVE PARTY OF CANADA .................. 29 SUPPLEMENTARY OPINION OF THE NEW DEMOCRATIC PARTY OF CANADA ... 33 vii LGBTQ+ AT RISK ABROAD: CANADA’S CALL TO ACTION PREAMBLE On 4 October 2016, the House of Commons Standing Committee on Citizenship and Immigration (hereafter referred to as “the Committee” or “CIMM”) adopted a motion to undertake a study of the 2011 Government of Canada pilot project for refugees in need of protection on the basis of sexual orientation, or gender identity or expression (SOGIE). The motion stated that the Committee examine the “feasibility of extending, expanding, and/or renewing a pilot project of this nature” and report its findings to the House.1 INTRODUCTION The Committee first heard about the pilot project to resettle refugees persecuted on the basis of their SOGIE during its study on immigration measures to protect vulnerable groups. On 19 July 2016, Christine Morrissey from Rainbow Refugee appeared before the Committee2 and described how Immigration, Refugees and Citizenship Canada (IRCC) and Rainbow Refugee work together to support the private sponsorship of LGBTQ+3 [lesbian, gay, bisexual, transgender, queer and other gender or sexual minorities] refugees. The Committee held two meetings on the topic of the LGBTQ+ refugee pilot project on 3 May and 15 May 2017, heard from 14 witnesses, including officials from IRCC, and received seven written submissions. This report begins with an overview of Canada’s refugee system, including how resettlement priorities are established. It then looks at the 2011 Government of Canada refugee resettlement pilot project. The next two sections outline the unique risks and challenges faced by LGBTQ+ refugees. Finally, the last section considers certain areas of improvement such as supporting LGBTQ+ refugees by stabilizing the project and making it a regular program with multi-year funding. The Committee’s recommendations, presented throughout the report, aim to strengthen Canada’s efforts in supporting and protecting the rights of LGBTQ+ individuals internationally. 1 House of Commons Standing Committee on Citizenship and Immigration [CIMM], Minutes of Proceedings, 4 October 2016. 2 CIMM, Evidence, 1st Session, 42nd Parliament, 19 July 2016, 1200 (Christine Morrissey, Special Adviser, Rainbow Refugee). 3 The acronym ‘LGBTQ+’ is used in this report to reference all people with diverse gender identities and experiences of sexual orientation. 1 BACKGROUND A. Canada’s Refugee System The objectives of Canada’s immigration policy are articulated in the Immigration and Refugee Protection Act4 (IRPA). One of those objectives is to offer a safe haven to persons with a well-founded fear5 of persecution as well as those at risk of torture or cruel and unusual treatment or punishment. The Canadian refugee system is comprised of two streams: the Refugee and Humanitarian Resettlement Program for people who need protection from outside Canada and the In-Canada Asylum Program for people making refugee protection claims from within Canada. Under the Refugee and Humanitarian Resettlement Program, refugees are resettled to Canada through: the federal Government-Assisted Refugee (GAR) Program; with the assistance of civil society groups through the Private Sponsorship of Refugees (PSR) Program; or through the Blended Visa Office–Referred Program, which combines government and private support. According to the 2017 Immigration Levels Plan tabled in Parliament, the targeted number of resettled refugees in 2017 is 25,000: 7,500 individuals through the GAR program; 16,000 resettled refugees through the PSR program; and 1,500 individuals resettled through the Blended Visa Office–Referred Program.6 In order to be eligible for resettlement in Canada as a refugee, a person must meet the criteria of the 1951 United Nations Convention relating to the Status of Refugees7 (1951 Convention): he or she must have a well-founded fear of
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