Gender-based violence guiding principles and commitments

From: Canada Border Services Agency

On this page

• Scope of the guiding principles
• Defining gender-based violence
• Purpose of the guiding principles and commitments
• Guiding principles
• Commitments
• Related links

Scope of the guiding principles

The Guiding Principles and Commitments affirm the Canada Border Services Agency’s (CBSA) commitment to recognize and account for Gender-Based Violence (GBV) considerations throughout its policies, programs, and operational responsibilities under the Immigration and Refugee Protection Act (IRPA).

The overarching objective is that CBSA employees will apply an equity and human rights lens to their immigration enforcement work and use victim-centered and trauma-informed approaches to improve safety for GBV victims and survivors^{Footnote 1}.

In exercising responsibilities under the IRPA and relevant regulations administered and enforced under the authority of this Act, employees are guided by jurisprudence, the Canadian Charter of Rights and Freedoms, and all CBSA guidelines, training, and internal policies, including these Guiding Principles and Commitments.

The Guiding Principles and Commitments provide a high-level framework for ensuing changes to guidelines, training, policies, and operations, which will support implementation of GBV considerations at the CBSA.

Defining gender-based violence

GBV is violence committed against someone based on their gender, gender expression, gender identity or perceived gender, and is a violation of human rights. It takes many forms, including physical, economic, sexual, as well as emotional (psychological) abuse^{Footnote 2}.

GBV includes, but is not limited to, human trafficking, sexual violence, family violence, intimate partner violence, and violence against Two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender diverse people (2SLGBTQI+)^{Footnote 3}.

Purpose of the guiding principles and commitments

The Guiding Principles and Commitments are consistent with the CBSA’s overall mandate to provide integrated border services that support national security and public safety priorities while facilitating the free flow of admissible persons and goods, including food, plants and animals. It does not change existing legal authorities.

The Guiding Principles aim to:

• Ensure that individuals are treated with dignity, respect and in a consistent manner during interactions with CBSA employees.
• Avoid further victimization and traumatization of individuals who have experienced or are at risk of experiencing GBV.
• Balance responsible immigration enforcement programs while upholding human rights and protecting victims and survivors of GBV.

These policy efforts align with the Government of Canada’s:

• Commitments under the National Strategy to Combat Human Trafficking to refine the relevant policy, legislative and regulatory frameworks for immigration enforcement to minimize the risk of further inadvertent victimization of people who have experienced GBV.
• Implementation and anticipated outcomes of Canada’s National Action Plan to End GBV.
• Statements in the 2019 and 2021 Speeches from the Throne regarding ending GBV.
• Expectations in the CBSA mandate letter to support the federal Government’s overall plan to address GBV.
• Actions under the 2SLGBTQI+ Action Plan to address the inequities faced by 2SLGBTQI+ individuals and communities.

Guiding principles

The CBSA is committed to supporting GBV victims and survivors in its policies, programs and operational responsibilities under the IRPA.

The CBSA recognizes that:

• Everyone has the right to live free from violence, as protected under the Canadian Charter of Rights and Freedoms and the United Nations Declaration of Human Rights.
• Many people in Canada and globally have violence committed against them and experience violence every day because of their sex characteristics, sex, gender identity, gender expression, or how their gender is perceived by others.
• Conventional perceptions surrounding gender roles and norms have created societal and cultural scripts for how people can and should behave, and defying gender role expectations can elicit personal, identity, and systemic threats.
• Individuals who identify as women and girls continue to be the primary victims and survivors of GBV.
• Some populations are more at risk of experiencing violence because of historical and ongoing oppression, such as sexism, misogyny, homophobia, transphobia, colonialism, ageism, classism, racism, and ableism.
• While anyone can experience GBV, the impact differs depending on the intersection of any two or more identity factors^{Footnote 4} and compounds a person’s risk and vulnerability to violence.
• Certain populations that are at risk of GBV or underserved when they experience GBV include:
  • Indigenous women and girls
  • Black and racialized women
  • Migrant and refugee women
  • 2SLGBTQI+ people
  • People with disabilities
  • Women living in Northern, rural, and remote communities
• Migrant and refugee women face unique barriers to reporting GBV including fear of deportation; limited knowledge about laws, rights and services; language barriers; economic insecurity; social isolation; and lack of culturally safe and appropriate services.
• While cultural safety and sensitivity must be taken into account when interacting with victims and survivors, GBV is not acceptable in any culture.
• The COVID-19 pandemic has led to increased rates of some forms of GBV and amplified systemic inequities, particularly those facing Indigenous, Black and racialized women
• GBV is a major barrier to the expression of individual freedom, societal and collective development and is one of the most prevalent and heinous human rights violations.
• Violence can have long-lasting and negative health, social and economic effects that span generations, often leading to cycles of violence and abuse within families and sometimes whole communities.
• Victims and survivors may not self-identify as a victim or survivor or may be reluctant to step forward to share their stories or report crimes because of the real or perceived fear of retaliation, distrust, stigmatization or shame (victim-blaming) at the family, community, cultural, and institutional levels.
• Trauma is not a single discrete event, but rather a defining and organizing experience that forms the core of an individual’s identity
• Violence and trauma are experienced in individualized ways and will have different impacts depending on someone’s identity factors, socio-economic situation, access to supports and resources, and other factors.
• An individual’s process of recognizing and accepting the experience of GBV may be gradual and non-linear.
• A victim-centred and trauma-informed approach is a fundamental component of the CBSA’s GBV Guiding Principles.

Commitments

In accordance with the Guiding Principles, the CBSA is committed to the following in its immigration enforcement work:

• Afford consideration to GBV issues when determining enforcement action and making decisions related to determining admissibility and entry into Canada to meet the protection and basic needs of victims and survivors as soon as possible.
• Avoid inadvertent re-traumatization of victims and survivors by ensuring that GBV-related factors are considered.
• Integrate a victim-centred and trauma-informed approach throughout relevant training, policies, program manuals, and operational guidelines.
• Acknowledge and minimize harms associated with immigration enforcement and account for an individual’s vulnerability when making decisions pertaining to detention and release.
• Continuous improvement to inform policies through stakeholder outreach and engagement with experts on the needs of those who experience GBV.
• Avoid stereotyping, generalizations or assumptions about victims and survivors of GBV; there is no one typical behaviour.
• Treat all persons with dignity and respect. In accordance with the Canadian Human Rights Act, discrimination is prohibited on the following grounds: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and a pardoned conviction or suspended record.

Related links

• The National Action Plan to End Gender-Based Violence
• Gender-Based Violence- Women and Gender Equality Canada
• National Strategy To Combat Human Trafficking 2019-2024
• Immigration and Refugee Protection Act
• Immigration and Refugee Protection Regulations
• Federal 2SLGBTQI+ Action Plan