Immigration Refugee Hearings in Vancouver
Sunday Update:
Friday: the remainder of the hearings were completed by 8 PM pacific time. The main news on Friday was the decision to release one of the detainees that happened earlier in the week but was not communicated.
The hearing took place on Tuesday but the decision was not communicated until Friday. The lawyer representing the claimant had filed notice on Wednesday that he was council for the individual but IRB - ID did not send the decision to the lawyer until Friday. The media attending the hearings (CBC, Globe, CP) were also informed by the IRB media coordinator on Friday of the decision. I spoke with the CBC reporter who said he requested Monday to be notified of any hearings but was not informed of the Tuesday hearing until Friday.
The hearing on Tuesday was conducted by IRB member Otto Nupponen who stated that CBSA had not done enough to establish this indivuals identity and on the secondary challenge that he was a flight risk the member stated the individual obviously had an interest to stay in Canada and was likely to appear. The decision released the individual once conditions were met by the individual. Conditions placed are that the individual appear weekly and whenever called upon, as well as provide ID documents. The ID documents were sent late afternoon on Friday by the lawyer and the lawyer was working with the CBSA over the weekend to have him released to family. I do not have an update yet if he has been released but the 7 day hearing should be scheduled for Tuesday.
There was confusion when the IRB coordinator released the information on Friday as the specifics of the publication ban were not released. There was some information that was released by media that later had to be retracted due to the publication ban.
Other updates:
- I am told that all detainees now have legal council
- Ministers council confirmed that all 76 have claimed refugee status
- All are now in possession of their CIC packages to be completed within 28 days.
- confirmation that families are now receiving calls and pre arrangeed visits by CIC to collect identification documents, photographs and testimonials
- the Can Tamil Congress has provided phone cards to all so they can contact family members as well as additional phone numbers have been provided where they can call for assistance. Now that they are lawyered up, calls are mostly requesting coordination of identification from family mostly in Canada, but also some in Europe and Sri Lanka.
- most recent report is that about half of the claimants do not have family in Canada but there are close to 30 families in Vancouver that have offered to take individuals in.
- CIC was working through the weekend to finish preliminary interrogations.
- legal council were not notified of interrogations so were unable to be witnesses.
- community members have circulated a document in Tamil to all detainees advising them of their rights.
- There are concerns on their mental health. One individual specifically is reportedly quite depressed.
- There are now photographs circulating in foreign media of the indivudual who was identified as being on wanted by interpol
Imigration Refugee Hearings in Vancouver
Friday Update:
I attended two hearings yesterday, so far 16 individuals have had their initial hearing and the process is going slow, although it is likely to be streamlined for the remaining as the govt has established that they have not had adequate time to determine the ID of the individuals.
Detainees appeared via phone conference with an interpreter present. The govt had grouped people into 4 for their hearings but claimants council successfully fought to have individual hearings. The 2 hearings I attended began as a group hearing on Wednesday and were split into individual hearing on Thursday. The first hour of the hearing was to determine the publication ban - established media are permitted to attend but the hearings are closed to the public unless the claimants authorizes the individuals which was the basis of my attendance.
On Wednesday, the govt stated they would be proceeding on an argument that the individuals are a flight risk but they may also introduce an argument that they have not established identity. When we arrived on Thursday, the govt began with the ID argument and did not mention flight risk. The detainees council protested procedural inequity for his client as he had based his efforts on flight risk and not ID. The govt confirmed that they were not proceeding on flight risk for the time being but may introduce the argument at a later hearing.
In the end, the govt provided an opinion they not established ID and successfully argued later that the IRB does not have the authority to release the client but only to state an opinion on the govts efforts to establish ID.
The remaining three cases proceeded quickly as the govt provided the same opinion that ID was not established. All four were sent back for detention.
The IRB has indicated that they will be moving to evening and weekend hearings to speed up the process.
For the two hearings I attended, both had family that has come forward. A sibling testified that 3 siblings of the detainee are all Can citizens living together with their mother who is a landed immigrant in another province and they would welcome their brother to move in with them. They provided a copy of the claimants birth certificate as well as photos of the claimant with family members. the claimants council had these entered into the record for a future arguments on identity and flight risk.
The claimant also stated that the RCMP requested names of family members in Canada on two occasions. First when they were on the boat and again when they were in the detention centre. The family members who testified yesterday confirmed that no one has contacted them and they first heard their family member was one of the claimants was from the lawyer representing the claimant.
There is one minor being detained in a separate facility and BC youth services is involved. The minor has council who he has not been able to meet with yet - council will be attempting to meet with the minor today.
We are also told by people who have had contact that the other detainees ages widely range and several of the individuals are professionals.
Question that might be raised: As detainees are appearing via phone conference, why isn't the IRB also conducting hearings in Toronto? The IRB has used a translator in Toronto via a phone link but have not used any of IRB panel members to ensure that the individuals rights to a timely hearing are being met.
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