Refugee Lawyers' Association Opposes Deportation of Refugees During PandemicThe Canadian Association of Refugee Lawyers (CARL), in a letter to Bill Blair, Minister of Public Safety and Emergency Preparedness and John Ossowski, President of the Canada Border Services Agency (CBSA), states that the decision of the CBSA to unilaterally abandon its policy with regard to deportations "is unsound and places public health in jeopardy." It further notes that the agency failed to identify "any material change in circumstances that would warrant a decision to recommence removals of all foreign nationals -- especially those subject to non-serious inadmissibilities -- at the same time as the country is dealing with the worst days of the pandemic."[1] "To legally compel individuals to board international flights at this time -- in many cases requiring them to remain in sealed spaces with upwards of hundreds of other individuals for hours on end -- is dangerous and unnecessary," CARL points out. The Trudeau Liberal government's double standard goes like this: it advises its own citizens and permanent residents to avoid non-essential travel outside Canada until further notice and resumes the removal of a record number of people.
She adds that when someone is the subject of a removal order they have no choice but to report and the CBSA website makes it clear what happens if a person decides that doing so is too risky in terms of their health or the health of people they live with. The CBSA website says "If you fail to appear for a removal interview or a scheduled removal date, the CBSA will issue a Canada-wide warrant for your arrest. Once arrested, the CBSA may detain you in a holding facility before removal. In order to ensure you leave Canada, the CBSA may assign an escort officer to accompany you on your departure." In response to the CBSA's claim that individuals have recourse to "appeals, judicial reviews, and permanent resident applications on humanitarian and compassionate grounds," Silcoff points out that "Many people whom CBSA directs to report for removal cannot hire a lawyer. They are at the end of their immigration process, with little money left for additional legal fees. Yet without a lawyer, deportation is practically impossible to stop. Applying for a 'deferral' of removal to suspend deportation is a discretionary measure that is not known to most unrepresented people, and done properly, involves written submissions accompanied by evidence. Seeking a stay of removal at the Federal Court is even more out of reach for an unrepresented person." She concludes: "The solution is clear. Until COVID-19 is under control, CBSA must revert to its original pandemic policy," i.e. the policy of reduced removals put in place in March 2020. Note1. Canadian Association of Refugee Lawyers, Letter to the Minister of Public Safety and Emergency Preparedness and the President of the CBSA, December 2, 2020. (Photo: WF)
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In an article
published in The Lawyer's Daily on
December 11, CARL President Maureen Silcoff
wrote that "Most people who
are the subject of removal orders under the 