Overview: Standing Committee on Citizenship and Immigration—Study on the Conditions Faced by Asylum-seekers at Roxham Road (November 25, 2022)

Opening remarks

Good afternoon.

I'm Aaron McCrorie, the Vice President of Intelligence and Enforcement at the Canada Border Services Agency (CBSA). I am joined today by my colleague, Carl Desmarais, the Director General of Enforcement at CBSA.

I would like to speak briefly about the CBSA's role in processing refugee claimants, especially irregular arrivals, the majority of whom have been arriving at Roxham Road.

Border security and integrity is a shared mandate between the CBSA and the Royal Canadian Mounted Police (RCMP).

The CBSA is responsible for enforcing legislation at designated ports of entry. The RCMP is responsible for enforcing the law between ports of entry.

When a refugee claimant enters Canada to make an asylum claim, the CBSA's role is to determine that person's admissibility into Canada and the eligibility of their claim under the Immigration and Refugee Protection Act (IRPA).

To date, in 2022, the CBSA has received over 20,400 regular refugee claims, most of which are received by claimants arriving by air. In comparison, this year in Canada, the number of irregular arrivals of refugee claimants is of over 32,450. Of those, more than 97% are from the Province of Quebec.

Most irregular arrivals are crossing the Canada-U.S. border at Roxham Road. It is not an official border crossing.

Under the Safe Third Country Agreement, people seeking refugee protection must make a claim in the first country they arrive in, either in Canada or the U.S., unless they qualify for an exception. However, this Agreement applies to those making refugee claims at designated ports of entry, but does not apply to asylum seekers entering Canada outside of official border crossings.

Therefore – unless they have an underlying inadmissibility – the CBSA cannot turn away asylum seekers who enter from the U.S. through Roxham Road.

When the RCMP intercepts a person entering in between an official port of entry, the person is brought to the nearest one to make a refugee claim. The nearest port of entry to Roxham Road is St-Bernard-de-Lacolle.

Before refugee claimants can leave the port of entry, they first undergo robust health and security screening. This includes biographic and biometric checks, as well as the initiation of security and criminality checks.

The CBSA is committed to processing all refugee applications in a timely manner, but this process can take some time.

The time required depends on several factors, such as the level of detail in the information provided by the claimant, the availability of additional information and whether not further research is required.

Security screening is an important part of the assessment of whether a person is admissible to Canada. This process ensures that anyone who wants to come to Canada has not committed serious crimes, and does not pose a safety or security risk to Canada and Canadians.

Several factors are used to determine an individual's admissibility, such as participation in criminal activities, human rights violations and organized crime activities, as well as health and financial status.

Besides admissibility, CBSA officers must decide if a claim is eligible to be referred to the Immigration Refugee Board (IRB) for a hearing.

Factors that help determine a claimant's eligibility include whether the claimant has committed a serious crime, made a previous claim in Canada, or if they received protection previously in another country.

To ensure refugee claimants from Roxham Road have a safe, comfortable and appropriate waiting space while their claim is processed, the CBSA invested in short-term accommodations. We have also ensured that they have access to beds, showers, meals and medical care if required.

These are at the Regional Processing Centre, near the Saint-Bernard-de-Lacolle port of entry. In light of the unprecedented demands in this area, this is the only CBSA office in Canada that uses temporary structures to accommodate refugee claimants.

Madame Chair, the CBSA encourages refugee claimants to enter Canada at designated ports of entry – this is to ensure their personal safety as well as out of respect for the law.

However, the number of irregular arrivals continues to increase. As I've already noted, since January 1, 2022, the CBSA processed over 32,000 irregular arrivals in Quebec, mostly at the Roxham Road crossing.

We are working very hard to address including the re-allocation of resources from other regions to support our colleagues in Quebec; sharing workload with IRCC and creating a digital portal.

In addition, to help speed up processing times, the CBSA began a new refugee process for low-risk claimants on November 1, 2022. This process allows applicants to be admitted to Canada under conditions, during which time they can access social benefits and a work permit.

Applicants are then guided to the Canadian Refugee Protection Portal to complete their refugee claim within 45 days.

Whether asylum claimants choose to make their refugee claim at an official port of entry or not, the CBSA is committed to treating all persons claiming refugee protection with care and compassion.

We look forward to answering your questions and working with you to improve our refugee processing system.

Thank you.

Scenario note

General information

Date: Friday, November 25, 2022
Time: 1:00 pm to 2:00 pm
Duration: 1 hour
Location: Room 415, Wellington Building, 197 Sparks Street

The meeting will be held in a hybrid format. The CBSA, the RCMP and the Immigration and Refugee Board are appearing during the first hour of the meeting. The Committee will hear from stakeholders during the second hour.

Witnesses

1:00 pm to 2:00 pm

Canada Border Services Agency

• Aaron McCrorie, Vice-President, Intelligence and Enforcement Branch
• Carl Desmarais, Director General, Enforcement Directorate

Royal Canadian Mounted Police

• Michael Duheme, Deputy Commissioner
• Superintendent Martin Roach, Acting Criminal Operations Officer, C Division

Immigration and Refugee Board

• Richard Wex, Chairperson and Chief Executive Officer
• Roula Eatrides, Deputy Chairperson, Refugee Protection Division
• Gary Dukeshire, Senior Counsel

Background

On October 7, 2022, the Committee adopted a motion to undertake a study on the conditions faced by asylum-seekers at the Roxham Road crossing in Quebec. This meeting is one of three meetings allocated to hearing witnesses for this study.

The motion reads as follows:

Alexis Brunelle-Duceppe (BQ) moved, — That, pursuant to Standing Order 108(3)(b), the committee undertake a study as soon as possible on the conditions faced by asylum-seekers using the irregular administrative path maintained by the Safe Third Country Agreement; that the committee consider the safety, security and health of people and families of migrants who cross the Canada–United States border at Roxham Road in particular; that the committee hold no more than three meetings to hear witnesses; that the committee it report its findings and recommendations to the House ; and that pursuant to Standing Order 109, the government table a comprehensive response thereto.

On November 18, 2022, Immigration, Refugees and Citizenship Canada (IRCC) officials and Minister Sean Fraser appeared before the Committee on this topic. Questions from members focused on the Safe Third Country Agreement (for example, on ongoing negotiations; its modernization), the processing of asylum claimants (for example, on humane treatment; detailing the paperwork processing), Roxham Road (for example, the refusal rate; securely closing the crossing; the forecast of irregular arrivals) and the safety and security of asylum seekers.

On October 17, 2022, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) held a meeting to assess the ethical standards of public office holders related to the awarding of contracts for the reception of refugees and the development of infrastructure to receive asylum seekers at Roxham Road. CBSA officials (Jonathan Moor, Vice-President, Finance and Corporate Management Branch; Scott Millar, Vice-President, Strategic Policy Branch; and, Dan Proulx, Executive Director, Information Sharing, Access to Information and Chief Privacy Office) appeared alongside officials from Public Services and Procurement Canada (PSPC). During the appearance, most questions were directed at PSPC officials and related to contracts and lease agreements between the government and M. Pierre Guay, who owns land in Lacolle.

Opening remarks

At the beginning of the meeting, the Chair will invite officials to deliver opening remarks. These should last approximately five minutes and will be followed by questions from committee members.

Rounds of questions

At the Chair's discretion, questions from committee members will proceed as follows:

• First round: 6 minutes for each party in the following order: CPC, LPC, BQ, NDP
• For the second and subsequent rounds: CPC, 5 minutes; LPC, 5 minutes; BQ 2.5 minutes and NDP 2.5 minutes; CPC, 5 minutes; LPC, 5 minutes

Key messages: Questions and answers

Removals

What is the removal process (including pre-removal risk assessment - PRRA)?

When a person makes a refugee claim in Canada, a removal order is immediately issued against them. This removal order is called a conditional departure order and is unenforceable until after the determination of their refugee claim. After a negative refugee decision, the departure order becomes enforceable and the person has 30 days to leave Canada. By abiding with our laws and leaving our country, the person can subsequently apply to return to Canada. If the person does not leave Canada within 30 days of a negative refugee decision, the removal order automatically becomes a deportation order.

A person with a deportation order is banned from Canada for life, unless the person receives written permission from a Minister's delegate to return to Canada.

Once a removal order becomes enforceable the Canada Border Service Agency (CBSA) has a statutory obligation under the Immigration and Refugee Protection Act (IRPA) to remove that person from Canada as soon as possible. An interview is convened to ensure that a travel document is available and a pre-removal risk assessment (PRRA) is offered, if eligible.

The PRRA application falls under the responsibility of Immigration, Refugees and Citizenship Canada and acts as a stay of removal until a decision is rendered on the risk assessment.

Removals are the final step in the enforcement continuum and an integral part of the immigration process. It is extremely challenging since most individuals facing removal have no desire to leave Canada. Impediments to removal may include, but are not limited to, individuals or foreign governments who refuse to cooperate with the travel document application processes, medical challenges that prevents the foreign national from travelling, and cases involving Canadian children or inadmissible family members.

Once CBSA is satisfied that all legal avenues have been exhausted and impediments have been resolved, travel arrangements are made and may be as simple as driving someone to the Canada-US border or as complicated as chartering a plane when a person cannot be removed by commercial airliner. Prior to removal, individuals may ask for permission for judicial review of their scheduled removal and may request a stay of removal at the Federal Court.

For which countries an Administrative Deferral of Removal (ADR) is currently in place?

An Administrative Deferral of Removal (ADR) is meant to be temporary in nature when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. An ADR is currently in place for certain regions of Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, Haiti, and Iran.

A Temporary Suspension of Removal (TSR) interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq.

Individuals inadmissible to Canada on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security can still be removed despite an ADR or a TSR.

What efforts are made to deter irregular crossing internationally?

Currently, there is no specific engagement internationally to address this movement beyond CBSA's usual work to address irregular migration.

We suggest that Immigration, Refugees and Citizenship Canada (IRCC) would be better placed to respond.

Processing timelines

How long does it take to process a refugee claim?

It takes 4 to 6 hours to process a refugee claim from start to finish depending on the complexity of the case and the family make up. This has been the case for years as the refugee claim process is almost exclusively a paper process.

New innovations such as an online application and the elimination of paper forms will bring about processing efficiencies which will reduce processing timelines.

The CBSA is currently piloting a new processing model in the hopes of getting the refugee intake process at the ports of entry (POEs) down to one hour for a single claimant. This processing model leverages the online application tool which is dynamic and prompts the user to properly complete the required questions and ask a follow up question based on input from the claimant.

What is the CBSA doing to streamline the process?

In an effort to deal with the significant volumes and the growing eligibility backlog, CBSA has taken the following steps:

• Piloting a new refugee processing model called One Touch
• Created a new Virtual Unit to assist with backend refugee processing
• Collaborating and consulting with Non-Governmental Organizations (NGOs)
• Working with IRCC to improve the current workshare agreement

The One touch model will prevent more claims from being added to the eligibility inventory and will also allow claimants to immediately access the social benefits associated with a claim (health care, work permit, social services, housing, etc).

The virtual unit will complete data entry of refugee application information submitted electronically to assist with eliminating the eligibility backlog and the re-scheduling of eligibility interviews to an earlier date. To date, of the claimants that submit their refugee application electronically via the CRPP or via email, the Quebec can reschedule the eligibility interview within 90 days.

We have been working very closely with the United Nations High Commission for Refugees, the Canadian Council for Refugees and other NGOs to ensure they understand the change in processing and the importance to having claimants complete their refugee claim application electronically. The CBSA has also provided virtual training to NGOs and partners on how to use the CRPP when a claim is made to the CBSA.

What services that are in place pending adjudication of claim?

The new Immigration, Refugees and Citizenship Canada (IRCC) temporary public policy that allows for accelerated eligibility decisions before referral to the Refugee Protection Division (RPD), will trigger work permits to be automatically issued for refugee claimants who complete the online application and are found eligible. It is anticipated that this public policy will result in thousands of refugee claimants currently awaiting an eligibility determination to be able to access a work permit and enter Canada's labour market sooner.

Claimants that have their examination deferred to a later date are issued an Acknowledgement of Claim document. This document provides the claimant with proof that they have made a claim. It can be presented to medical professionals as proof of Interim Federal Health Program (IFHP) coverage until an eligibility decision is made and a Refugee Protection Claimant Document (RPCD) is issued.

Since November 21, IRCC has provided temporary accommodations to claimants who are waiting to be transferred to the shelter system in Quebec, which has reached capacity since these volumes materialized.

Human smuggling

What is the CBSA's role in combatting human smuggling at the border?

Human smuggling is a criminal offence under the Criminal Code of Canada, for which our partner department, the RCMP, is the GOC lead; they have both a domestic and extra-territorial mandate for criminal investigations of suspected human smuggling activity.

The CBSA combats irregular migration, including human smuggling, as part of its role in managing Canada's borders and addressing cross-border crime, consistent with its overall mandate to provide integrated border services that support national security and public safety priorities.

The CBSA is responsible for enforcing Canadian legislation at designated ports of entry in Canada and the RCMP is responsible for enforcing the law between ports of entry. When the RCMP intercepts a person entering in between an official POE, the person is brought to the nearest CBSA POE to be processed.

What is the difference between "human smuggling" and "human trafficking"?

The terms human trafficking and human smuggling are often used interchangeably but they are not the same.

The primary difference is that smuggling is voluntary while trafficking is not.

Another key difference is that a smuggling transaction usually ends when the foreign national enters the country, while the ordeal of the trafficking victims usually begins at this point.

• Human smuggling has a fee – for the service of gaining access to another country
• Human trafficking, on the other hand, may involve a payment or a fee, but it is usually to secure employment, couched in administrative costs for the WP, airplane ticket, accommodations, etc.
• Human trafficking includes the elements of deception/fraud, coercion or control, and exploitation

Safe Third Country Agreement

What is the Safe Third Country Agreement (STCA)?

The Safe Third Country Agreement (STCA) was signed in 2002 by Canada and the US and has been in effect since December 2004. Under the STCA, people seeking refugee protection must make a claim in the first country they arrive in (US or Canada), unless they qualify for an exception. People who are not eligible to make an asylum claim at the land POE under the STCA are immediately returned to the US.

What are the main objectives of the STCA?

The primary objectives of the STCA are to enhance the orderly handling of refugee claims, strengthen public confidence in the integrity of our refugee systems, and share the responsibility for protecting people who fit the official definition of "refugees".

The STCA generally applies to asylum claimants who are seeking entry to Canada from the US at a land POE. The Agreement does not apply to claims made by people who entered Canada between POEs.

Roles and responsibilities at the border

What's the difference between IRCC and CBSA's role at the border?

The CBSA and Immigration, Refugees and Citizenship Canada (IRCC) share a mandate of preserving the integrity of the immigration system.

Together, the CBSA and IRCC administer the Immigration and Refugee Protection Act (IRPA), which governs the admissibility of people into Canada, and the identification, arrest, detention and removal of people who are inadmissible.

What's the difference between the RCMP and CBSA's role at the border?

Border security and integrity is a shared mandate between the CBSA and RCMP.

The CBSA and RCMP play an instrumental role in protecting Canada's border, deterring and intercepting irregular entry to Canada and keeping Canadians safe.

The CBSA is responsible for enforcing Canadian legislation at designated ports of entry in Canada. The RCMP is responsible for enforcing the law between ports of entry. When the RCMP intercepts a person entering in between an official POE, the person is brought to the nearest CBSA POE to be processed and make a refugee claim.

The CBSA treats all people seeking asylum in Canada with compassion and ensures they are afforded due process under the law. The Agency will continue to ensure the security and the safety of all Canadians by following public health guidelines at the border.

Roxham Road crossing

Why was a processing centre established near Roxham Road?

Roxham Road is not an official port of entry (POE) – the closest POE is St-Bernard-de-Lacolle.

The Regional Processing Center in St-Bernard-de-Lacolle, Quebec, was created in 2017 in response to an influx of asylum seekers coming through Roxham Road.

How are irregular arrivals processed at Roxham Road?

The CBSA provides rigorous operational planning at the Regional Processing Center. To support higher volumes of refugee claimants, CBSA will increase its use of temporary structures at the St-Bernard-de-Lacolle POE to expand its waiting area and comfortably accommodate refugee claimants. It is important to note that these additional spaces will be used to temporarily accommodate asylum seekers while they wait for their application to be processed.

Once the CBSA has completed its processing, the claimants' longer-term accommodation requirements fall under the responsibility of the IRCC and the provinces.

What's the current processing capacity at Roxham Road?

The current capacity at the Lacolle Regional Processing Center is of 297 person on the site. The addition of the new structures will increase that number to 477.

Since January 1, 2022, the CBSA processed over 26,500 irregular arrivals in Quebec.

What infrastructure has been set up at Roxham Road?

Since 2017, infrastructure has been provided through a number of temporary structures, mainly using mobile trailers for both accommodation and processing facilities.

The leases on these mobile facilities are due to expire at the end of 2022, therefore a decision was taken to consolidate the operations into two existing buildings, to house all of the functions of the Regional Processing Centre.

In October 2021, CBSA announced a contract to retrofit these buildings, situated near the Saint-Bernard-de-Lacolle POE.

This work is due to be completed shortly and will help to ensure adequate waiting space and humanitarian assistance, while refugee asylum claimants are being processed at the border.

What lease agreements and contracts are in place in St-Bernard-de-Lacolle?

The Regional Processing Center in St-Bernard-de-Lacolle was created through multiple lease agreements, for both temporary and fixed infrastructure, to help meet the operational and accommodation requirements to process up to 150 asylum claimants per day.

The CBSA has undertaken renovations on two buildings, situated near the Saint-Bernard-de-Lacolle POE, to consolidate its operations.

All leases were contracted under the Public Services and Procurement Canada (PSPC) delegation.

How much funds are spent on processing and accommodation infrastructures?

The CBSA spends an average of $3.5 million per year on the processing and accommodation infrastructure for refugee claimants in Saint-Bernard-de-Lacolle, including leases.

Since 2017, CBSA has awarded $20,873,491 in contracts, to various service providers, to help meet its operational and accommodation requirements. These contracts have followed all established government procurement principles and were released to the media in June 2022.

Treatment of asylum claimants

How are asylum claimants treated at the border?

The CBSA is committed to process refugee applications as quickly as possible. The required time depends on several factors, such as complexity, level of detail, availability of information, and research required.

CBSA treats people who are seeking asylum in Canada with compassion, and ensures they are afforded a due and fair process under the law.