Gender-based violence guiding principles and commitments

Purpose of the guiding principles and commitments

As per the Government of Canada's National Strategy to Combat Human Trafficking (National Strategy) and the National Action Plan to End Gender-Based Violence (GBV), the GBV Guiding Principles and Commitments support the protection of victims and survivors and the prosecution of perpetrators of human trafficking and more broadly, GBV.

The Guiding Principles and Commitments are consistent with the Canada Border Services Agency's (CBSA) 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 plants and animals.

The Principles and Commitments are an aid meant to be read in conjunction with, 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 as they deliver on the Agency's mandate
Avoid further victimization and traumatization of individuals who have experienced or are at risk of experiencing GBV by integrating victim/survivor-centered and trauma-and violence informed approaches^{Footnote 1}
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

Scope of the guiding principles

The Guiding Principles and Commitments affirm the CBSA's commitment to recognize and account for GBV considerations throughout its policies, programs, and operational responsibilities under the Immigration and Refugee Protection Act (IRPA).

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}.

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 the following Guiding Principles:

Everyone has the right to live free from violence
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
GBV is not acceptable in any culture and is present in every society
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
Those who identify as women and girls continue to be the primary victims and survivors of GBV
While anyone can experience GBV, the impact differs depending on the intersection of any two or more identity factors and compounds a person's risk and vulnerability to violence^{Footnote 4}
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
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
An individual's process of recognizing and accepting the experience of GBV may be gradual and non-linear
Trauma is both an experience and a response to an intense negative event or series of events
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

Immigration enforcement principles

A victim/survivor-centred and trauma and violence-informed approach is a fundamental component of the CBSA's GBV Guiding Principles
GBV victims and survivors may have violated immigration or other laws as a direct result of fleeing violence or as a deliberate strategy by perpetrators to threaten or expose victims to the risk of removal or criminalization
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

Commitments

The CBSA is committed to the following in its immigration enforcement work to better protect victims and suvivors and prosecute perpetrators of human trafficking and GBV:

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/survivor-centred and trauma and violence-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
Engage with stakeholders and 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

Footnotes

Footnote 1

Victim is a term used by the criminal justice system to describe any person who has experienced loss, injury, or hardship due to the illegal action of another individual, group, or organization. However, this word can still give rise to debates, as those who have experienced a non-fatal crime may prefer “survivor” as a term of empowerment. A victim/survivor-centred approach focuses on the needs and concerns of victims and survivors to ensure the compassionate and sensitive delivery of services in a nonjudgmental manner. A trauma and violence-informed approach is guided by a person's trauma history and recognizes the connections between violence and trauma. The starting point for trauma and violence-informed practices is a “do no harm” approach, not to treat trauma: that is, the system must be structured to enhance safety, control and to avoid triggering the trauma that brought the individual into the system in the first place. For examples of trauma and violence-informed approaches, see Government of Canada. (2018, February). Trauma and violence-informed approaches to policy and practice.

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Footnote 2

Government of Canada (2021) Gender-based violence glossary. Women and Gender Equality Canada

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Footnote 3

Government of Canada (2022). 2SLGBTQI+ terminology – Glossary and common acronyms. Women and Gender Equality Canada.

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Footnote 4

Identity factors include, but are not limited to, gender, race, religion, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic condition, place of residence and disability.

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Date modified:: 2024-10-07

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