At Pro Bono Law Saskatchewan (PBLS), we are experiencing a large spike in the number of asylum seekers in Regina needing assistance with making an inland refugee claim. Typically, I ask the asylum seeker, “Why Regina?” Less and less I get the familiar answer that they have a relative, friend-of-a-friend, or some connection that brought them to Saskatchewan. More commonly I hear that they planned to bring the claim in Ontario or Quebec, but the system there was so overburdened with asylum seekers they opted to go west, whether based on the advice of someone familiar with the struggles the system faces in eastern Canada or on something they’ve read.
So, who is an asylum seeker? And who is a resettled refugee? I believe many people carry the mistaken impression that these terms are interchangeable - or that all refugees receive the same government support. That is not the case and the distinct legal status associated with each of these differing terms has real-world implications and those implications underscore the need to bolster legal and non-legal supports and services available to asylum seekers. For those among us who read the news, we are probably most familiar with the concept of a resettled refugee. Resettled refugees are persons who have fled their country of nationality due to conflict or persecution. Canada, and many other countries, work with the United Nations High Commission on Refugees (UNHCR) to select the most vulnerable of these people and resettle them in safe countries, like Canada.
The sad reality is only 59,500 people were resettled last year. That figure represents only 0.5% of the 110 million forcibly displaced people worldwide. Although resettled refugees come to Canada by virtue of being refugees, they arrive as permanent residents and are supported by settlement agencies, or community groups for at least their first twelve months in Canada. In other words, someone is expecting these folks' arrival.
Conversely, an asylum seeker – in the Canadian context - is a foreign national who sets their feet on Canadian soil, whether through regular or irregular entry. Once in Canada, they make a refugee claim, ideally after speaking with a lawyer. The whole in-land refugee claim process takes about twelve months, with the refugee claimant, in most cases, ultimately having a hearing before a member of the Refugee Protection Division of the Immigration and Refugee Board of Canada. The member decides whether the claim meets Canada’s definition of a Convention Refugee or a Person in Need of Protection as laid out in the Immigration and Refugee Protection Act, sections 96 and 97.
If a claim is refused, the Canada Border Services Agency has already seized the claimant's passport (if they have one) and they are removable from Canada, barring recourse to some limited legal avenues. Needless to say, the outcome of a refugee claim has an extremely significant impact on the individual and their immediate family members. If successful, the person has Protected-Person Status. They still must apply for permanent residency for themselves and immediate family members. That application has a processing time of about two years. This means that claimants who fled to Canada without their spouse or children are commonly separated for a minimum of three to four years, simply due to how long the processes take. All-in-all, it is a long, arduous process with little support.
Again, in the news we hear of the asylum seekers in Ontario, Quebec, or bigger centres. But what about the presence of asylum seekers in Saskatchewan? They are here, in increasing numbers, trying to navigate systems that are not made with them in mind, and where many people in the system don’t understand what it means for a person to be an asylum seeker, or what systemic barriers exist that prevent them from receiving services.
The Legal System
Unlike British Columbia, Alberta, Manitoba, Ontario, Quebec and Newfoundland, Legal Aid in Saskatchewan does not assist with refugee claims. As such, claimants in Saskatchewan either represent themselves, hire a private lawyer if they can afford it, or seek the limited assistance of CLASSIC Law Inc. or PBLS, both of which are not-for-profit charities. PBLS receives no government funding and CLASSIC law’s funding from the Government of Saskatchewan was cut earlier this year.
Not only is access to legal services a barrier for claimants, but requirements of the refugee claim process pose a financial burden as well. For example, most claimants must attend an eligibility interview in person at the nearest Immigration Refugee and Citizenship Canada office, which, for claimants in Regina, is in Saskatoon. This requires claimants to find the money to travel by bus, and often pay for overnight accommodation. As well, many claimants have evidence that must be translated into English or French, which costs money as well.
The Social Systems
Due to how the refugee claim process is set up, and the documentation that the Ministry of Social Services in Saskatchewan requires to prove eligibility, a refugee claimant is not eligible for social assistance, nor do they have a work permit to legally work, for the first 8-12 weeks after beginning the claim. For claimants who arrive with no social support and no funds, this is a very scary time.
Many shelters are funded by the Ministry of Social Services, so if a person is not eligible for social services many shelters will not provide them a bed, or they are only provided a bed if the shelter is not at capacity. In Regina, the vast majority of claimants I work with stay at New Beginnings, a temporary shelter funded by the City of Regina and operated by Regina Treaty/ Status Indian Services (RT/SIS). RT/SIS’ mandate is to serve urban First Nation people, yet, if a bed is available, they do not turn a claimant away. From my perspective, New Beginnings has provided a safe place for claimants to stay during this 8-12-week period. They are fed three meals a day in a clean and safe facility with laundry, showers, etc. The staff are cognizant of the trauma carried by the claimants. For many claimants I have worked with, this shelter has been a reprieve in an uncertain and anxious time of their lives.
Canada is a signatory to international conventions in which we promise to facilitate the permanent resettlement of asylum seekers in Canada who are found to be Convention refugees or persons in need of protection. I believe that Canada has a robust inland refugee claim process facilitated by the Refugee Protection Division, but the legal and non-legal support for claimants is limited and what does exist is overburdened. Our society is at risk of leaving these vulnerable people even more vulnerable despite the best efforts of the dedicated people who work to provide services.
That said, there are ways you can help!
- Donate or volunteer at CLASSIC Law Inc., PBLS, a shelter, or settlement agency in your community; and
- Advocate to your municipal, provincial, and federal governments for funding for housing and legal services for asylum seekers.
Davida Bentham (she/her), Staff Lawyer and Outreach Director Pro Bono Law Saskatchewan