Tamils from Sri Lanka lean over the side of the boat after the MV Sun Sea docked at Canadian Forces Base Esquimalt near Victoria August 13, 2010.John Lehmann/Globe and Mail
The United Nations High Commissioner for Refugees will no longer have a full-time presence in Vancouver, raising concerns about who will monitor refugee rights in a province that's had two high-profile migrant boats dock in the past 18 months.
Abraham Abraham, UNHCR Canada's representative, said the lone Vancouver position has been scrapped after 3½ years because the agency is grappling with a global budget shortfall of more than $1-billion.
"We pulled through since October, 2007, until now and most unfortunately we've not been able to sustain it into the future, simply because we don't have sufficient funding," Mr. Abraham said in a telephone interview from Ottawa.
"Let's say I wanted to have a person in Vancouver. The question is, [how]would headquarters be prioritizing this - giving me an assistant, or giving an assistant to someone who's made the same request from the Congo, or Sudan, or wherever?"
Mr. Abraham said the UNHCR still has offices in Ottawa and Toronto and, if an emergency arises in Vancouver, staff will immediately fly to the West Coast. He said under normal circumstances, staff will likely visit B.C. about once every three months.
One of UNHCR Canada's principal goals is to ensure that the rights of refugees and asylum seekers are protected, and Mr. Abraham said he's confident the agency will be able to do its work remotely.
But his answer to why the UNHCR set up a Vancouver post in the first place highlighted the system's shortcomings. "We decided that, look, it's a little bit too far. Why don't we try to have a presence there? Even having one person would be useful."
The Ocean Lady docked in B.C. in October, 2009, carrying 76 passengers. The MV Sun Sea arrived last August with 492 passengers. All the passengers on both boats were Sri Lankan Tamils who have claimed refugee status. Reports earlier this year said more boats could arrive in B.C. in the coming months.
The federal government introduced Bill C-49 last October to try to prevent human smuggling, but opposition parties vowed to vote it down, raising concerns about the bill's constitutionality. Advocates have said the bill would punish refugees by keeping them in detention longer and denying family reunification.
Lawyers involved in some of the MV Sun Sea cases have complained their clients have been held too long and that the government has failed to disclose evidence in a timely manner. Last month, a Federal Court of Canada judge blasted Ottawa for repeatedly filing appeals to keep MV Sun Sea passengers locked up.
Deborah Isaacs, a member of the executive committee of the Canadian Council for Refugees, said the UNHCR's absence will certainly be felt in Vancouver.
"I personally think it will be a loss, especially since they seem to be talking about many boats coming," she said. "The person [in Vancouver]can keep an eye on what's being done. They have access to hearings of all sorts, and if they see discrepancies from what the standard is, they can notify the person in charge in Ottawa, who can then approach and comment to the government. It gives first-hand access."
Eric Purtzki, a Vancouver lawyer who has worked on some of the Ocean Lady and MV Sun Sea cases, echoed Ms. Isaacs's sentiments. He said the presence of the UNHCR is an "important signal" to the Immigration and Refugee Board and the federal government that the rights of refugees must be protected. Canada is a signatory to the 1951 Geneva Convention, which outlines the legal protection to which refugees are entitled.
"Just having that individual there, it really helps," Mr. Purtzki said. "They speak a lot with the person concerned, they ask them about their experience and relate those experiences back to the UNHCR."