Speaking Notes

The Honourable Joe Volpe, Minister of Citizenship and Immigration, before the Senate Standing Committee on Human Rights — “Canada’s International Obligations with Respect to the Rights and Freedoms of Children”

The Senate of Canada, June 6, 2005

Check against delivery

Madame Chair (Senator Andreycuk);
Madame Co-chair (Senator Pearson);
Honourable Senators:

I have been looking forward to meeting you, one of many enjoyable “firsts” during these initial months in my new portfolio. The Prime Minister honoured me with my appointment just last January. But I have long been aware of your enduring interest in Citizenship and Immigration Canada’s commitment to human rights, and to the Canadian concept of “Equality” entrenched 20 years ago under Section 15 of our Charter of Rights and Freedoms.

Thank you for inviting me to discuss the equality of humankind from the perspective of the day-to-day work of Citizenship and Immigration Canada.

Today, we will exchange views we hold in common with regard to the youngest — and often most vulnerable — members of our society. Your focus as a Senate Committee is on the rights that we must accord to all children. This is an obligation Canadians take seriously. We do so partly because it is our duty under international law and our own Charter. As a signatory to the United Nations Convention on the Rights of the Child, we must safeguard those most in need of protection among hundreds of thousands of migrants and refugees who are already in Canada or applying to come here.

We also strive to look after the needs of children because that is what being Canadian is all about. It is a citizenship value that stems from community spirit, not just legislation.

In this respect, I would like to share recent news about four primary issues, all of them interesting and inter-related. They form an integral part of a wide range of programs for which my Department is responsible and accountable. Afterwards, we will have the opportunity to address any activities you might like to know more about.

Best Interests of the Child

One of the key principles that guides our efforts at CIC is the “Best Interests of the Child.” It is the foundation of the Convention on the Rights of the Child and is central to Canada’s Immigration and Refugee Protection Act. The legislation and regulations call for the best interests of the child to be considered in many immigration and refugee matters that involve children. This includes assessment of humanitarian and compassionate cases and decisions rendered by the Immigration and Refugee Board (IRB). It also includes the use of detention as a last resort, the provision of a designated representative for children before IRB proceedings, adoptions and the appointment of guardians. It’s also a guiding principle for the assessment of children who have arrived in Canada through smuggling, trafficking or abduction.

Since the implementation of the Immigration and Refugee Protection Act on June 28, 2002, CIC has updated its guidelines for officers responsible for making humanitarian and compassionate decisions when migration or refugee claims affect children. The improved guidelines were published in May 2005, in the departmental program/policy manual that immigration officers use when processing cases involving such sensitive, far-reaching issues.

In May, 2005 we launched an innovative training module for officers who handle humanitarian and compassionate cases. The program of instruction is giving officers a better understanding of the principle of Best Interests of the Child and its relevance to our work.

We do not operate in isolation at CIC; we collaborate with other federal administrations and provincial authorities. An effective legislative framework is in place whereby organizations function in a cooperative manner in matters of overseas adoption. Our common goal is to ensure that the best interests of children being sponsored to come to Canada as a result of an international adoption are upheld. Similarly, when cases involve children who have become separated from their original family unit, their safety is ensured and the risk of exploitation or abuse is mitigated.

I mentioned that Best Interests of the Child is a key consideration, but it does not outweigh all other factors. Other elements must, of course, come into play when a case officer examines the various considerations in the balance. Let us say that Best Interests of the Child are one of many important factors taken into account when officers assess cases.

Family Reunification

The reunification of immediate family members has long been a cornerstone of Canadian immigration policy. This key to social stability and integration also takes on a high profile in the Convention on the Rights of the Child.

New refugee protection regulations were tabled three years ago. Since then, CIC has streamlined the procedure for processing applications filed from outside Canada by the spouses and children of refugees already in Canada. The family member already in our country is considered “protected” and can now be granted “landed” status even before the overseas family application has been assessed. Hence, we accelerate the process from two directions at once.

For the year 2004, CIC originally predicted it would be in a position to process upwards of 4,000 overseas applications from the spouses and children of Convention refugees already in Canada. I am pleased to say my Department actually surpassed this target by exactly 50 per cent last year. Six thousand was the final count.

With respect to children who have become separated from their refugee families, who live in war zones, or do not benefit from parental care — we consider them to be “at risk.” Our specialists overseas are assigning more importance than ever to the need to ensure the safety and security of children under these circumstances. The cases of those who do not possess identity documents are being reviewed with more flexibility than in the past, keeping in mind the difficulty that exists in some nations in obtaining proof of identity. In this same context, any future changes that may be made to the refugee determination system will offer the most humanitarian consideration possible to children and their families.

I would be remiss at this point if I neglected to mention one of our sister organizations. It is one of the unsung heroes in the fields of children’s rights, repatriation, and family reunification. This is the Ottawa-based International Social Service Canada.

For over 50 years, and through several name changes, ISS Canada has been a low-key but very committed partner of government in reaching out to Canadians in distress around the world. Theirs is a small agency that operates under a modest federal grant. But with a large base of volunteers, and with affiliates in 120 countries, ISS Canada helps in the rescue of hundreds of Canadian children who have been abused, abandoned, kidnapped, separated from family or smuggled across foreign borders.

I know Senator Pearson has been an honorary patron of ISS Canada for quite some time. Senator, you are well acquainted with the tireless devotion of their Executive Director, Agnes Casselman. I look forward to be able to thank her in person one day.

Adoption

We proceed from family reunification into another area, which comes to the fore if — sadly — reunification is not feasible.

When parents die in times of war, conflict or natural disaster, or when they cannot be traced for a long time, ways must be found to ensure stability anew in the lives of children. Overseas adoption is a choice that is growing more popular every year in Canada. We have no shortage of childless couples, or existing families wishing to open their homes to a child in need of a hopeful future.

I would be the first to acknowledge that international adoptions are complex and can take a very long time — many months to several years. CIC has no role in the actual adoption nor any control over how long this takes. Adoption programs fall under the jurisdiction of our provinces and territories. These government agencies currently deal with more than 70 foreign countries from which Canadians adopt. They must contend with 70 different sets of legal requirements and administrative frameworks. Many of these nations are also signatories to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

I feel certain our political counterparts throughout Canada would like to see more standardization among these countries, but caution must be taken when it comes to sovereignty. Some countries take more time than others to investigate adoptive family backgrounds or security matters and to uphold provisions against exploitation and trafficking.

For our part, we are empowered to become involved only at that final point when the child has been legally adopted and is ready to travel to Canada. The concluding phase in which we have jurisdiction has taken less and less time over the past few years. Right now, we aim and mostly succeed in processing adoption cases within six months.

Last year, CIC employees handled around 2,000 immigration cases involving international adoptions. Half of these — 1000 children — came from China and were processed within one month. About half of the rest — another 500 cases from all over the world — were done within five months, from the time of receipt of the forms to the issuance of an entry visa.

I would be reluctant to direct that this six-month limit be further shortened, as we too must ensure that such matters as security and health have been thoroughly investigated from a Canadian angle. Once again, we are talking about the best interests of children — as well as their adoptive families — being viewed in light of the interests of the nation as a whole. I think we have achieved a finely tuned balance, and am happy with the efforts CIC has made in this respect.

Integration Into Schools and Society

I wish to cover one final issue before closing — a very timely one that has already been raised in your Senate hearings. That is the integration of immigrant children into our schools, and into community life in general. This chapter in the immigration success story means a lot to me as I am a former teacher and school principal myself, and was a “young new Canadian” as well.

As it stands, CIC has a series of activities in place to encourage immigrant children to become fully involved in their school and community settings. Through our “Host Program”, youngsters already living here develop friendships with new arrivals that often last well beyond the latters’ “adjustment periods.” Collectively, these young people participate in neighbourhood events, explore the various avenues to active citizenship, and whether they know it or not, lead lives that speak in support of the cultural diversity that unites Canadians across the land.

We also sponsor a “Settlement Workers in Schools” program whereby CIC works in partnership with school boards to connect newcomer families to grassroots settlement services. This builds bridges between schools, parents and children and has demonstrated there is a link between success in settling and success in the classroom. I well remember my days as a teacher in Toronto, seeing the difference that companionship and peer acceptance made in the lives of hundreds of young new Canadians welcomed into my school.

Our department categorizes all such ambitious ventures under the umbrella of “basic settlement services.” You may recall these community integration services received a funding boost of $298 million in the recent federal budget, to be phased in over the next five years.

This support is an investment in our future community leaders, one that will bring a most favourable return on our capital.

* * * * *

Ladies and gentlemen, this concludes the highlights of recent initiatives undertaken by the people at Citizenship and Immigration Canada. I am proud to represent them as their Minister.

I must also thank this Committee for its interest in our commitment to children’s rights. In this spirit, I quote Senator Pearson’s recent newsletter entitled Children of the Hill. She shared a pre-retirement wish by writing, “I am not alone in the Senate with my concerns… and I am hopeful that my Senate colleagues will continue to keep a watchful eye on behalf of children.”

I am certain they will, Senator. And although this coming November will see you stand down from the Senate, I know you will stand up and speak up for the children of the world for many years to come.

Madame Chair, ladies and gentlemen: I look forward to collaborating with you in whatever efforts you undertake to shape our next generation of community leaders. Right now, I am pleased to take your questions.