CIMM Committee Meeting

The Standing Committee on Citizenship and Immigration met at 11:01 a.m. this day, in Room 308, West Block, the Chair, Norman Doyle, presiding.

The witnesses made statements and answered questions.

At 12:44 p.m., the sitting was suspended.

At 12:45 p.m., the sitting resumed.

Bill Siksay moved, — Whereas the Standing Committee on Citizenship and Immigration has a mandate to consider issues raised by the use of security certificates under the Immigration and Refugee Protection Act;

Whereas the Standing Committee on Citizenship and Immigration has visited the Kingston Immigration Holding Centre (KIHC), where three of those subject to security certificate are currently held;

Whereas a life-threatening hunger strike by KIHC detainees Mohammad Mahjoub (day 75), Mahmoud Jaballah (64) and Hassan Almrei (64) has long passed a critical stage;

Whereas a key complaint of the detainees is the lack of an independent ombudsman, a concern originally flagged by the 2005/2006 annual report of the Office of the Correctional Investigator that found "the detainees...no longer have the benefits and legal protections afforded by ombudsman legislation."

Therefore be it resolved that the Standing Committee on Citizenship and Immigration:

• a. acknowledge the emergency nature of the hunger strike and open discussion with regard to a resolution;
• b. call on the Government of Canada and the Minister of Public Safety and the Minister of Citizenship and Immigration to mandate the Office of the Correctional Investigator, which has jurisdiction over all federal inmates except for those held at the Kingston Immigration Holding Centre, to now assume jurisdiction over the KIHC, investigate current and ongoing complaints of those currently on hunger strike, and prepare an independent set of recommendations for resolution of said grievances.

And be it further resolved that the Minister of Public Safety and the Minister of Citizenship and Immigration be asked to respond urgently in writing, to members of this Committee, outlining the Department’s actions in light of the passage of this motion.

And be it further resolved that the Chair of the Standing Committee on Citizenship and Immigration report this motion to the House of Commons..

Debate arose thereon.

Jim Karygiannis moved, — That the motion be amended by adding the words “specifically urgently addressing issues such as:

• 1) Medical attention in the living unit by Medical Licensed Practioners namely doctors in the living unit;

• 2) Detainees be released before dawn from their cells in order for them to be able to observe religious prayers as called by their religion;
• 3) They be allowed conjugal visits as it is offered to inmates;
• 4) They be allowed to access canteen facilities adhering to their religious beliefs;
• 5) Daily head count should be done away with immediately;
• 6) When transferred from the living unit to the administration building, be also accompanied by a supervisor from Correctional Services Canada;

before the words “and prepare an independent set of recommendations for resolution of said grievances.“, and the words “And be it further resolved that these protocols be put in place on a permanent basis in order to deal with these detainees and any future such cases“ before the last paragraph.

The Chair ruled the amendment as inadmissable because its contents do not fall under the Committee's mandate and powers.

Whereupon, Jim Karygiannis applealed the decision of the Chair. The question : “Shall the decision of the Chair be sustained?

The question was put and the decision was negatived by a show of hands: YEAS: 7; NAYS: 4. .

The question was put on the amendment of Jim Karygiannis and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

The question was put on the motion, as amended, and it was agreed to on the following recorded division: YEAS: Omar Alghabra, Meili Faille, Raymond Gravel, Jim Karygiannis, Bill Siksay, Andrew Telegdi, Blair Wilson — 7; NAYS: Barry Devolin, Nina Grewal, Ed Komarnicki, Daryl Kramp — 4.

At 1:03 p.m., the Committee adjourned to the call of the Chair.