Friday, December 30, 2016

Participatory Government, December 30, 2016


Consultations:

Provincial-Ontario Consultations:

Basic Income Pilot consultation

Federal Consultations:

  • None particularly relevant at this time

Bills:

Federal Bills at Committee (House):

  • None particularly relevant at this time

Federal Bills at Committee (Senate):

C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act

S-219, Non-Nuclear Sanctions Against Iran Act

S-226, Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

Proposed Federal Regulations:

Regulations Amending the Immigration and Refugee Protection Regulations (Gaz. Vol. 150, No. 50 — December 10, 2016)

  • Open until January 9, 2017
  • Re: information sharing with UK, Australia and New Zealand
  • Proposed regulations, RIAS etc available here
  • Contact: 
Emmanuelle Deault-Bonin
Deputy Director
Identity Management and Information Sharing
Admissibility Branch
Immigration, Refugees and Citizenship Canada
180 Kent Street
Ottawa, Ontario
K1A 1L1
Telephone: 613-437-5894
Fax: 613-957-9187
Email: CIC.FCCR-RCCN.CIC@cic.gc.ca

Rules Amending the Federal Courts Rules (Gaz. Vol. 150, No. 45 — November 5, 2016)

  • Open until January 4, 2017
  • Re: monetary limits to procedures, books of authorities, appeal books, confidential documents, etc
  • Proposed regulations, RIAS etc available here
  • Contact:
Andrew Baumberg
Secretary of the Rules Committee of the Federal Court of Appeal and the Federal Court
Ottawa, Ontario
K1A 0H9
Telephone: 613-947-3177
Fax: 613-943-0354
Email: andrew.baumberg@fct-cf.gc.ca

                    Federal House of Commons e-Petitions:

                    e-331 (Immigration) (British Home Children)

                    e-547 (Refugees) (waiver of travel loans to refugees)

                    e-553 (Iran) (re-establishing diplomatic relations)

                    e-563 (Iran) (assistance to Canadian prisoners and diplomatic pressure)

                    e-572 (Foreign students) (prioritizing settlement of those who study in Canada)

                    e-609 (Syria) (provide assistance)

                    • Open until February 10, 2017
                    • Information and signing available here

                    e-626 (Ethiopia) (condemn atrocities against protesters)

                    • Open until February 24, 2017
                    • Information and signing available here

                    e-628 (Crimes against humanity) (recognition of ISIL atrocities)

                    • Open until February 24, 2017
                    • Information and signing available here

                    e-696 (Foreign policy) (paying ransom for people abducted abroad)

                    Monday, December 19, 2016

                    Varga v. Canada (Citizenship and Immigration), 2013 FC 494

                    Varga v. Canada (Citizenship and Immigration), 2013 FC 494 

                    May 10, 2013, Justice Rennie

                    This case includes helpful analysis on two main points: ignoring grounds (including standard of review) and dealing with a hostile decision maker. There is also a comment on when it is innappropriate to impugn a failure to produce corroborating evidence.

                    Ignoring Grounds

                    The Applicants were a Roma woman and children. Their evidence including mention of domestic problems. Rennie J. found the RPD ought to have considered domestic violence as a ground:
                    [5] Refugee claims involve fundamental human rights. Accordingly, it is critical that the Board consider any ground raised by the evidence even if not specifically identified by the claimant: Canada (Attorney General) v. Ward, 1993 CanLII 105 (SCC), [1993] 2 SCR 689; Viafara v. Canada (Minister of Citizenship and Immigration), 2006 FC 1526 (CanLII), para. 13. It is, in most circumstances, a serious and potentially fatal error to ignore part of a refugee claim: Mersini v. Canada (Minister of Citizenship and Immigration), 2004 FC 1088 (CanLII), para. 6.
                    [6] The failure of the Board to address a ground of persecution, raised on the face of the record, is a breach of procedural fairness, reviewable on a correctness standard. Reasonableness and deference can have no role when there is no assessment of the evidence.

                    Hostile Decision Maker

                    Rennie J. also commented:
                    [11] Finally, while the Board must test a claimant’s credibility, and do so at times vigorously, this must be done with sensitivity, professionalism and an open mind. In this case, the Board member’s manner of questioning fell far short of this standard.
                    ...
                    [13] ...A Board member may not “egg a witness on,” or pepper his questioning with sarcastic remarks. 
                    In the decision, examples are given (at paras. 12-13) of challenging both the claimant and her children on their answers in a belligerent manner, e.g. "It’s not so easy now." and "It’s not so funny now, is it?  I didn’t think so." The Member also questioned the claimant aggressively, asking her irrelevant questions (e.g. did he look Roma), not letting her answer and challenging her answers before she had completed them (paras. 14-20).

                    Corroborating Evidence

                    The decision also notes that it is unreasonable to fault a claimant or applicant for a failure to produce corroborating documents where the evidence indicates that none would exist:

                    [9] Portions of the reasons given in support of the refusal have no relationship to the evidence. For example, the Board faulted the applicant for not producing supporting documentation to corroborate her attempts to seek state protection. This is difficult to understand in light of the applicant’s evidence that she did not seek protection. The Board stated that supporting evidence was required “[i]n light of the finding that many aspects of the applicant’s claim were not credible.” However, the Board did not indicate that it disbelieved any aspect of the applicant’s testimony. 
                    [10] The Board also stated that the applicant “had sufficient time to obtain the documents needed to substantiate her claim,” referring to the lack of police reports. The applicant did not go to the police and obviously could not obtain non-existent police reports.

                    Thursday, December 15, 2016

                    Participating in Government, December 15, 2016

                    Consultations:

                    Consultation on the Review of Record Suspensions

                    Federal Bills at Committee (House):

                    Federal Bills at Committee (Senate):

                    S-219, Non-Nuclear Sanctions Against Iran Act

                    S-226, Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

                    Proposed Federal Regulations:

                    Regulations Amending the Immigration and Refugee Protection Regulations (Gaz. Vol. 150, No. 50 — December 10, 2016)

                    • Open until January 9, 2017
                    • Re: information sharing with UK, Australia and New Zealand
                    • Proposed regulations, RIAS etc available here
                    • Contact: 
                    Emmanuelle Deault-Bonin
                    Deputy Director
                    Identity Management and Information Sharing
                    Admissibility Branch
                    Immigration, Refugees and Citizenship Canada
                    180 Kent Street
                    Ottawa, Ontario
                    K1A 1L1
                    Telephone: 613-437-5894
                    Fax: 613-957-9187
                    Email: CIC.FCCR-RCCN.CIC@cic.gc.ca

                    Rules Amending the Federal Courts Rules (Gaz. Vol. 150, No. 45 — November 5, 2016)



                      • Open until January 4, 2017
                      • Re: monetary limits to procedures, books of authorities, appeal books, confidential documents, etc
                      • Proposed regulations, RIAS etc available here
                      • Contact:
                      Andrew Baumberg
                      Secretary of the Rules Committee of the Federal Court of Appeal and the Federal Court
                      Ottawa, Ontario
                      K1A 0H9
                      Telephone: 613-947-3177
                      Fax: 613-943-0354
                      Email: andrew.baumberg@fct-cf.gc.ca

                                        Federal House of Commons e-Petitions:

                                        e-626 (Ethiopia)

                                        e-696 (Foreign policy)

                                        e-553 (Iran)

                                        e-609 (Syria)

                                        e-563 (Iran)

                                        e-517 (Canadian citizenship)

                                        e-572 (Foreign students)