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76 Tamil Refugees
1 Context……………………………………………...............…………………..………..…................... 03
3 Complicating Factors………...............................………………………………………………….… 03
I. Context
On the morning of October 17, 2009, the Ocean Lady entered Canadian waters with 76
newcomers on board. In many ways, the 76 were unlike many of the other Tamil refugees
who came before them. They were not only the first refugees to arrive in Canada by boat
in more than 20 years, the migrants were also the first large group of people to arrive in
Canada since the end of the war in Sri Lanka. The last factor is particularly vital in
examining how the Canadian Tamil Congress (CTC) and the larger Canadian Tamil
community reacted to the men’s arrival. For several months, Tamil Canadians protested,
held vigils and formed human chains to alert the world about the war crimes being
committed in Sri Lanka. They rallied repeatedly and helplessly, unable to stop the Sri
Lankan government’s killings of 20,000 to 40,000 Tamils and internment of 300,000
more. With the newcomers’ arrivals, the community got a real chance to help the few
who had against all odds escaped from the Sri Lankan government’s persecution and
ended up on Canadian soil. By taking action, the Tamil Canadian community wanted to
ensure the men would be at least given due process instead of letting Rajapaksa’s list of
victims grow.
At the time the Ocean Lady arrived on Vancouver’s shores, the Sri Lankan regime had
interned 300,000 civilians, including 50,000 children inside barbed-wire camps. Despite
the outcry from leading NGOs like Amnesty International and Human Rights Watch, the
authorities repeatedly denied the displaced civilians freedom of movement in accordance
with international law. Aid agencies were also repeatedly denied unfettered access and
foreign and independent media only received limited access. Simultaneously, free media
and human rights defenders continued to be attacked across the island. Meanwhile,
several reports were emerging showing that Sri Lanka had committed war crimes during
the last phase of the conflict. These included a Channel 4 video that showed summary
executions of Tamils and a Times of London investigation establishing that more than
20,000 civilians were killed during the final phase of the war. These reports came
contrary to government claims that no civilian was killed during its offensive.
• In Vancouver, CTC held a large media conference at the Four Seasons Hotel on
October 20, 2009 at 791 West Georgia Street. In light of the Sri Lanka’s efforts to
cast doubt on Tamil Canadians and refugees, CTC repeatedly spoke about the
necessity of due process in these cases. 1The CTC media conference in Vancouver
was organized by the Vancouver chapter and was attended by several CTC
representatives, including CTC’s former vice-president Roy Ratnavel, National
Spokesperson David Poopalapillai, and Vancouver Chapter coordinator Sue
Nathan, and Toronto lawyer Gary Anandasangaree. It was covered by almost all
the media outlets in the country, including the Vancouver Sun, Vancouver
Province, CBC, CTV, Global and many others. CTC spoke about the internment
camps in Sri Lanka, the high likelihood of Tamils being arbitrarily imprisoned
and tortured in prisons, and the war crimes and human rights violations
committed by the Sri Lanka government.
• Soon after the media conference, the country’s largest newspaper, the Toronto
Star, leading national newspaper, the Globe and Mail, a well-respected newspaper
from Montreal and several other print media wrote editorials and quoted Canadian
Tamil Congress and recommended these migrants be given due process. The
largest TV networks, such as CTV, CBC, and Global, covered the stories widely.
The same outlets wanted to interview migrant families and bring out their plights
to the Canadian public. Canadian Tamil Congress connected families, who were
interested in telling their stories, to media outlets.
• However, there continued to be great suspicion about the newcomers, with many
of them not having full access to legal counsel and facing several questions about
their admissibility. Much of this was due to Sri Lankan government agents
providing faulty information to media and Canadian officials. Though
examinations of their past experiences and track record could have revealed the
unreliability and bias of the information, the Sri Lankan officials were initially
taken seriously. Again, CTC advocated for due process on behalf of the
newcomers to outlets across the country, including the cross-Canada Canwest
news chain (which owns everything from National Post to Ottawa Citizen to
Vancouver Sun): "They should have access to fair process,” CTC said, noting that
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Article I
the conditions for Tamils in Sri Lanka had gone from bad to worse. CTC also
publically questioned the credibility of information that came from Sri Lanka as
the government had a track-record of attacking those who sought to tell the truth,
like human rights defenders and journalists. CTC also raised concerns that sharing
the refugees’ personal information with the Sri Lankan government will increase
the chances of the individuals being tortured or killed upon their return to Sri
Lanka. 2
• CTC also took part in a media event, held in partnership with several advocacy
groups, and called for due process and the release of the migrants. Vancouver
chapter coordinator, Sue Nathan, of the Canadian Tamil Congress said she feared
for the safety of the asylum seekers should their refugee applications be declined
and they are forced to return home. "If these men are sent back, they will
definitely, definitely face persecution," Nathan noted. "They will disappear. They
will face death."
• CTC also held media conferences for the Tamil media, who worked hard to
engage the community to help the newcomers.
Some of the media outlets, which interviewed CTC, are listed below:
October 17-19
The Globe and Mail: In Vancouver, dozens of boat migrants await their fate
CTV News: MacKay won't confirm if seized ship was smuggling migrants
Victoria Times Colonist: Migrants seized at Ogden Point leave Wilkinson Road jail
Canadian Press: Identities of would-be migrants from detained boat still not revealed
Globe and Mail: Canada to take hard line with would-be migrants
Globe and Mail: Former Tamil castaways building new lives in Canada
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Article II
Globe and Mail: Sri Lankan migrants reach out to Canadian Tamils
Vancouver Sun: Board retains two migrants out of fear they wouldn't reappear
Canadian Press: Migrants risked lives to flee to Canada from post war-torn Sri Lanka:
supporters
Sunday Leader: Journey For A Better Life as 76 Sri Lankans Wait In Limbo
November 4, 2009
National Post: CTC’s former Vice-President Responds to Editorial Claiming Tamils Are
Not Persecuted In Sri Lanka
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Article III
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Article IV
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Article V
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Article VI
and passed messages to family members and provided information and emotional
support to newcomers.
• To make things easier for the newcomers until they were connected to their
families, CTC deposited $1,500 ($20 per person) to help all newcomers pay for
the expenses of contacting relatives and lawyers. CTC continued to support
people without families beyond this initial deposit.
• After Head Office representatives returned from Toronto, CTC held multiple
meetings in a town-hall format to inform interested families about the legal
process and complications involved. The meetings took place at CTC’s Toronto
Head Office and featured lawyers from the top immigration firms: Barbara
Jackman & Associates, Lorne Waldman & Associates and Robert Blanshay &
Associates. Both meetings were fully packed as lawyers from the firms answered
questions and addressed concerns the families had. These meetings were designed
to help families understand the refugee and detention hearing system.
• CTC helped facilitate legal representation for interested families and for
newcomers with no families in Canada. For the latter, CTC also undertook the
responsibility of appealing and reaching out to the larger Tamil Canadian
community7 and finding people to post bonds and to host the newcomers upon
their release.
• CTC helped newcomers with no family in Canada gather their identity documents
from relatives or friends in Sri Lanka.
• CTC coordinated donations for plane tickets for those who had no families to
come to Toronto. We also arranged the purchases of tickets and a person to help
drive the newcomers to the airport from the detention facility.
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Article VII
If you are afraid of being in danger if you are returned to Sri Lanka, you are allowed to
make a refugee claim in Canada. You have to make your intention to seek asylum in
Canada clear at the first opportunity you get to a Canadian official that you meet.
At the moment you are detained you have the right to obtain legal counsel.
CBSA immigration officers can ask you questions at a port of entry to decide if you have
a right to enter Canada during an interview called port of entry examination. A port of
entry is a border crossing, international airport or seaport. You must answer the officer’s
questions. You have to answer truthfully. Remember you have the right to counsel when
you are being asked these questions. These answers can be written down and used
against you in immigration proceedings. You should ask for an interpreter if you do not
speak English or French.
If a CBSA officer thinks that you should not be allowed to enter or remain in Canada
because you have broken an immigration rule, you will have to attend an admissibility
hearing.
Admissibility Hearing:
A member of the Immigration division of the Immigration and Refugee Board (IRB) will
be in charge of the hearing and will make a decision on your case. A hearings officer will
represent CBSA and state the case against you. You will have to answer the questions
both of these individuals ask you.
You have the right to a hearing in English or in French. You have the right to have a
qualified interpreter provided by the IRB at your hearing if you do not speak English or
French.
You do not have to answer questions from the CBSA or Citizenship and Immigration
Canada (CIC) outside the hearing.
If you are arrested by CBSA or police, the arresting officer must tell you why. They can
also search you.
If you are detained at a port of entry or arrested inside Canada the officer who arrests you
must tell inform you that you have the right to consult with a lawyer. You do not have to
answer questions and sat that you will not say anything until you speak to a lawyer.
Immigration Division. Officers must present information to justify the continuation of the
detention. The Division member reviews the case and decides if the individual should
remain in detention or be released with or without conditions. You can give evidence and
say why you should be released. It is up to you to convince the IRB member to release
you.
You have the right to a qualified interpreter if you do not understand English or French.
You have the right to legal counsel at a detention review, but the IRB member will not
adjourn the hearing to give you time to get counsel.
The IRB member will order your release if he or she is satisfied that:
• You are likely to appear for hearings, interviews, or removal which you might be
able to show by having a bondsperson, also known as a guarantor
• You are not a danger to others or yourself
• If hearings officer says that there are questions about your identity, either you
help prove who you are or CBSA is not making reasonable efforts to find out who
you are
• CBSA does not suspect that you are inadmissible for security reasons or because
you violated human or international rights
Minors - Children under the age of 18 are detained only as a last resort. The best interests
of the child are always taken into account when considering whether to detain him or her.
British Columbia:
• To apply for legal aid in British Columbia, you can contact the Legal Services
Society at www.lss.bc.ca or call 604-408-2172 (Lower Mainland) or 1-866-577-
2525 (elsewhere in British Columbia). The society will provide an interpreter if
you do not speak English.
• If you wish to apply for a private lawyer, but do not know one, you can call the
Lawyer Referral Service at 604-687-3221 (Lower Mainland) or 1-800-663-1919
(elsewhere in British Columbia).
Ontario:
• If you have questions about detention, you can contact the Refugee Law Office at
1-800-668-8258 or 416-977-8111. They accept calls from people in detention.
• You can also call Legal Aid at 1-800-668-8258 or 417-979-2352 (in Toronto)
A toll-free hotline has been set up to assist detainees to access community resources and
contact any family members they have in Toronto. For more information please contact
Canadian Tamil Congress at 1-800-952-1433