1. Irregular Arrivals 1914-2011 1914Komagata Maru (Indian) 376 1939 SS St. Louis (Jewish)907 1986Newfoundland (Tamil)155 1987Nova Scotia (Sikh)174 1999British Columbia (Chinese)600 2009Ocean Lady (Tamil) 76 2010Sun Sea (Tamil)492 TOTAL: 2780 Audrey Macklin, October 2011

2. The Paradox Every refugee recognized in Canada = fulfilment of legal obligation = failure of border control Canada’s domestic/int’l legal obligation to refugees: Non-refoulement No penalty for unlawful entry by refugees Provision of travel document Audrey Macklin, October 2011

3. ‘ We don’t know who they are’ ‘We know who they are’ Terrorists? Criminals? Queue jumpers ‘bogus’ refugees ‘illegal immigrants’ The Discursive Disappearance of the Refugee All the ‘real’ refugees are always far away; whoever comes here is, by the very act of arrival, an ‘illegal’, a ‘bogus refugee’ or a ‘queue jumper. RESULT: the refugee is disappeared Audrey Macklin, October 2011

4. Bill C4: Preventing Human Smugglers from Abusing Canada’s Immigration System Act Anti-smuggling provisions: Broader definition of smuggling + mandatory minimum sentences Anti-refugee provisions: Designation + sanctions Minister of Public Safety may designate group of foreign nationals as ‘irregular arrival’: Administrative convenience Suspicion that foreign nationals were smuggled Audrey Macklin, October 2011

5. “Designated” Refugee Claimant Refugee Claimant Automatic detention No review or release for one year Semi-annual review after first year Exceptions are narrow an discretionary exceptions Detention if one or more conditions met:  Failure to appear  Danger to public/security  Complete ongoing investigation/exam  Ascertain identity Review within 48 hours, 7 days, every 30 days, IMPACT OF DESIGNATION ON REFUGEE CLAIMANTS Audrey Macklin, October 2011

6. “Designated” Refugee Refugee 5 year bar (min.) on application for permanent resident status Bar on family reunification Denial of travel document Reporting requirement Immediate eligibility for permanent resident status Family members may be included on PR application Travel document available Access to Permanent Resident Status Audrey Macklin, October 2011

7. Other Provisions Bar on appeal to Refugee Appeal Division for refugee decision, vacation, or cessation retroactive to March 31, 2009 (arrival of Ocean Lady) Audrey Macklin, October 2011

8. Legality Canadian Charter of Rights and Freedoms (esp. Charkaoui) Refugee Convention Convention on the Rights of the Child International Covenant on Civil and Political Rights Audrey Macklin, October 2011

9. Anti-Smuggling Protocol Saving clause 1. Nothing in this Protocol shall affect the other rights, obligations and responsibilities of States and individuals under international law, … in particular …the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non- refoulement as contained therein. 2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of [smuggling]. Audrey Macklin, October 2011

10. It is not a crime to be a refugee. Audrey Macklin, October 2011