`Canada is a country with laws and there has to be a due process`. Sinhala White Van Justice system does not exist in Canada. The Sinhalese have a hard time understanding this fact.

Canadian Tamil Congress organised a press meeting for the Tamil media, with regards to the 76 Tamils who arrived on `Ocean Lady` Ship at Vancouver. Following is the speech delivered by Mr. LORNE WALDMAN, a LEADING IMMIGRATION LAWYER from Toronto.

There have been several questions that I have been asked. First of all, it`s been said and indeed there was an RCMP officer who stated that they were checking people with the Sri Lanka authorities. I have been asked whether it is illegal?

There is nothing in the Immigration law that says that when they assert whether or not the people who arrived are admissible or wanted, that they can`t check with the police and or Interpol and check with the Police of the country they came from. This is not a usual practice. But there is nothing illegal about it.

Having said that, there are two points that needs to be made. We all know that Sri Lanka has an interest in portraying a lot of people as Tamil Tigers. And therefore any information that comes from the Sri Lankan government has to be treated with great deal of scepticism.( Roahan Gunaratne can go fly a Kite :))LOL)

The second important fact is that if the Canadian government goes and tells Sri Lankan authorities that this person is in Canada and claiming refugee status and he is saying that he is being persecuted and tortured by you, obviously this WILL MAKE HIS REFUGEE CLAIM STRONGER. Because, the Sri Lankan authorities have been told about this person, certainly when time comes to make refugee claim we can use that as a possible factor to show that they are at risk.

So, simply put, there is nothing illegal about consulting with Sri Lankan government. But, if they do and try to use that information in cases where I am representing I will strongly resist and suggest that it should not be given any credibility.

By the same token when we make the refugee claims we will be sure to point out to the refugee board that the Sri Lankan authorities have been advised about the claim and we will use this as a factor to claim our case. Because, I would say in most cases it is not the common practice to consult with the Sri Lankan authorities.

So, what`s going to happen now? We have already seen that they have started the detention review. Probably over the next week or so they will go over the first round of detention reviews.

There are three grounds for detention. The first ground is, they don`t know who you are. It is very important for all of these people that they get very good credible identity documents. Unless they prove who they are, they are not going to get released. They could be in detention for quite a while, a month or two just on the basis of identity. Because the obligation of any person who comes into Canada is to prove his identity. Once they establish their identity through passports, ID and other documents, usually government issued original documents with photographs, then the next ground for detention is Public Security. That is whether that person is any danger to the public?

In most of these cases they will not likely to have information that the person is a dangerous person. What might happen at the first detention review is they might say that they have not had enough time to investigate. Therefore they are prepared to take a position and they could ask the member deciding the detention for further 7 days to further investigate, to decide whether or not they had adverse information. In that sense government of Canada has to produce some evidence that the person is dangerous.

Now, during the course of interview if anyone has said they had any association or connection with the Tamil Tigers that would be a ground for detention for sure. Because, they are inadmissible on the ground of membership of a terrorist group. We had some cases where people who have said that they were working with the Tigers. That made it difficult for us to get them released. So, it would depend on what each person would say.

The third reason why people could be detained is that they are not likely to appear for the hearing. Now, the irony is that we have some 25,000 hearings a year. That averages about 65 to 70 claims per day. So, Vancouver arrival of Tamils is a one days worth of claim only.

In perspectives its not a big deal. But it`s the way they came that becomes a big deal. Most of the claimants are released without a bond unless they have an adverse information that they belong to a terrorist group or they think that they have committed a crime.
However, if the Immigration officials say ` We think that they are not likely to appear` then we have to prove that they are likely to appear for the hearing. I was told that when the last Chinese boat people came a lot of people who were released did not show up. My analogy is most of those people did not have close relatives in Canada.

There are many Tamil relatives in Canada and they are willing to take them in and sign bonds is a positive factor. It is also very important that those family or friends show that they had no connection with bringing the people into the country.


They have to prove that they haven`t breached any other bond in an earlier case. They have to show they understand their obligation. When they sign a bond they are promising that person will report when ever he is wanted, that they will take care of the person, they will provide accommodation, food etc. They may probably be required to sign a guarantee for certain amount of money or possibly even post one. I am guessing the bond to be between $ 5000.00 to $ 10,000.00. ( It is nothing for Canadian Tamils. :))) )

If they are not successful after the 7 th day review then its likely at some point that what`s going to happen is, they have to start preparing for the refugee claim. If they are held in detention then the claim will be expedited. Given the acceptance rate of 93 % it would be a good idea to try and get the personal information forms done quickly and get the case in. Because, once they are in they may expedite. Then once they are accepted they could be released.

I guess I have run through the procedure. One of the other things that was mentioned to me was what should we do if CBSA calls us. CBSA has been apparently calling family members at home and asking them questions. What they are trying to do is gathering information and hoping to find any inconsistencies. So, if they asked when did you last speak to your relatives and person in Vancouver says 3 months ago and the relative here says one week ago, then the inconsistency becomes a problem. CBSA are also looking for information to confirm. So, the best thing that can happen here is confirm everything and cooperate with the authorities. That is a positive thing. Again, there is nothing wrong with you consulting a lawyer before you talk to CBSA.


However, you are UNDER NO LEGAL OBLIGATION. If you are a Canadian citizen CBSA has no authority over you. They CAN`T COMPEL YOU TO TALK. However, if you don`t co-operate they can use that fact as a negative factor at the detention review. So, it`s better that you co-operate. With regards to stories about deporting any of these claimants, you have to remember that we are a country with laws. Thank goodness. So immigration authorities are required to respect the laws.

The Law in Canada says once a person makes a refugee claim he cannot be deported unless one of several things happen. One, they have to determine whether he is eligible and in order to find him not eligible there would have to be a hearing before an Immigration judge and where the judge found him inadmissible on the grounds he has committed serious crimes or he is a member of a terrorist organisation.

There would be a hearing and a removal order and even then he could not be deported because he will still have the right to pre removal risk assessment. But he would not get a refugee claim.

Secondly, only other way he could be deported is if his claim is rejected. But again he will still have the right to appeal. So, there is NO TRUTH TO THE RUMOUR or to the suggestion that the authorities can take them to the air port and put them back on a plane. There has to be a due process, before that happens.

If they are trying to scare them that way it`s completely inappropriate. It is ILLGEAL AND SIMPLY NOT TRUE. With regards to stories of identifying one particular person with announcement of his name etc, it is a VIOLATION OF PRIVACY Act.. It is ILLEGAL.

When a person makes a refugee claim that INFORMATION SUPPOSED TO BE CONFIDENTIAL. If that person was part of the detention review it would have been a big problem. That means the confidentiality order that the member made has been breached. If the name was leaked and the person has been in the detention review that means someone at CBSA or RCMP is leaking information, WHICH IS IILEAGAL.

If I were the lawyer I would be making a complaint to the Privacy commissioner, President of CBSA, Minister of Citizenship and Minister of Public Safety saying this is completely unacceptable and my client`s rights under the privacy act have been breached.
The inadmissibility applies both when people coming in to Canada and to the people who are already here. The criteria is slightly different for the people who are permanent residents and people who are not.

When someone comes in to Canada the main ground for inadmissibility that would be relevant to the Tamil community would be the membership in a terrorist group, mostly the Tigers but also applies to TELO, EPDP, or EPRLF. Any member of the militant groups that allegedly involved in violent activities in Sri Lanka or even some senior police officer...