The Case of Ocean Lady's 76 Tamil Refugees -ctc

8/14/2019 The Case of Ocean Lady's 76 Tamil Refugees -ctc

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Canadian Tamil Congress Briefing Report

March 12, 2010

The Case of Ocean Lady's76 Tamil Refugees


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Context...................................... 03

Events Leading Up To Arrival................................... 02

Complicating Factors................................ 03

CTC in the Media.......................................... 04

CTC's Administrative Work Page........................................ 08

Index of Supporting Documents................................................ 10

CTC Press Statement Oct 18, 2009.................................................................................. 11

Letter to Hon. Peter Van Loan, Oct 18, 2009..................................................................... 12

Letter To RCMP, Oct 19, 2009.......................................................................................... 13

Press Meet Tamil, Oct 20, 2009....................................................................................... 14

Globe and Mail ar ticle Oct 20, 2009................................................................................. 16



Immigration and Refugee Fact Sheet............................................................................... 23

Information For Newcomers............................................................................................ 26

Process To Connect With Newcomers............................................................................... 27

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Table of Contents


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The Case of Ocean Lady' s 76 Tamil Refugees

Page | 1 Canadian Tamil Congress Briefing Report

I. Context

Courtesy of Canwest News

On the morning of October 17, 2009, the Ocean Lady entered Canadian waters with 76newcomers on board. In many ways, the 76 were unlike many of the other Tamil refugeeswho came before them. They were not only the first refugees to arrive in Canada by boatin more than 20 years, the migrants were also the first large group of people to arrive inCanada since the end of the war in Sri Lanka. The last factor is particularly vital inexamining how the Canadian Tamil Congress (CTC) and the larger Canadian Tamilcommunity reacted to the mens arrival. For several months, Tamil Canadians protested,held vigils and formed human chains to alert the world about the war crimes beingcommitted in Sri Lanka. They rallied repeatedly and helplessly, unable to stop the SriLankan governments killings of 20,000 to 40,000 Tamils and internment of 300,000more. With the newcomers arrivals, the community got a real chance to help the fewwho had against all odds escaped from the Sri Lankan governments persecution andended up on Canadian soil. By taking action, the Tamil Canadian community wanted toensure the men would be at least given due process instead of letting Rajapaksas list of victims grow.


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II. Events Leading Up To Arrival

Courtesy of Channel 4 Video

At the time the Ocean Lady arrived on Vancouvers shores, the Sri Lankan regime hadinterned 300,000 civilians, including 50,000 children inside barbed-wire camps. Despitethe outcry from leading NGOs like Amnesty International and Human Rights Watch, theauthorities repeatedly denied the displaced civilians freedom of movement in accordancewith international law. Aid agencies were also repeatedly denied unfettered access andforeign and independent media only received limited access. Simultaneously, free mediaand 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 summaryexecutions of Tamils and a Times of London investigation establishing that more than20,000 civilians were killed during the final phase of the war. These reports camecontrary to government claims that no civilian was killed during its offensive.


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III. Complicating Factors

There were many complicating factors that stood between the newcomers being acceptedas genuine refugees in Canada. The challenges stemmed from perceptions that thesenewcomers were abusing a soft Canadian refugee system, concerns about the

newcomers cost on the Canadian government and most significantly, the view that themigrants posed a potential security threat. The latter, promoted by the Sri Lankangovernment and its agents, posed the biggest challenge to the settlement of the refugees.Sri Lankan government agents, through interviews in newspapers and interaction withgovernment officials, were busy trying to spread false propaganda about the refugees.This false propaganda, if successful, would have led to the refugees being sent back to SriLanka and to the doubt and criminalization of the Tamil Canadian Diaspora.Additionally, the reports that large amounts of money were paid to bring each individualto Canada also raised questions as to whether these were genuine refugees. All theseissues raised questions on whether due process would be accorded to the newcomers.Furthermore, the existing backlash against the Tamil community for its protests

complicated matters.

IV. Information on the men

Due to media reports and later, phone calls from families, CTC came to know that severalof these men were not only Tamil but had relatives in Canada. About 10 did not haveanyone they knew in the country.


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V. CTC in the Media

As news began to emerge that there were Tamil refugees on the Ocean Lady, theCanadian Tamil Congress immediately sprung into action. Cognizant of the manychallenges, CTC strove to provide context for the war in Sri Lanka to help the Canadian

public understand why so many Tamils, including those on the Ocean Lady, have fled. Aday after the boats arrival, CTC National Spokesperson David Poopalapillai and Torontolawyer Gary Anandasangaree took an early morning flight to Vancouver. Along withmeeting with newcomers, they conducted several media interviews and organized a pressconference to advocate for due process and compassion. They informed the public aboutthe persecution faced by Tamils and the civil war in Sri Lanka. Here is a breakdown of CTCs activities in Vancouver and Toronto:

In Vancouver, CTC held a large media conference at the Four Seasons Hotel onOctober 20, 2009 at 791 West Georgia Street. In light of the Sri Lankas efforts tocast doubt on Tamil Canadians and refugees, CTC repeatedly spoke about the

necessity of due process in these cases.1

The CTC media conference in Vancouverwas organized by the Vancouver chapter and was attended by several CTCrepresentatives, including CTCs former vice-president Roy Ratnavel, NationalSpokesperson David Poopalapillai, and Vancouver Chapter coordinator SueNathan, and Toronto lawyer Gary Anandasangaree. It was covered by almost allthe media outlets in the country, including the Vancouver Sun, VancouverProvince, CBC, CTV, Global and many others. CTC spoke about the internmentcamps in Sri Lanka, the high likelihood of Tamils being arbitrarily imprisonedand tortured in prisons, and the war crimes and human rights violationscommitted by the Sri Lanka government.

Soon after the media conference, the countrys largest newspaper, the Toronto

Star, leading national newspaper, the Globe and Mail, a well-respected newspaperfrom Montreal and several other print media wrote editorials and quoted CanadianTamil Congress and recommended these migrants be given due process. Thelargest TV networks, such as CTV, CBC, and Global, covered the stories widely.The same outlets wanted to interview migrant families and bring out their plightsto the Canadian public. Canadian Tamil Congress connected families, who wereinterested in telling their stories, to media outlets.

However, there continued to be great suspicion about the newcomers, with manyof them not having full access to legal counsel and facing several questions abouttheir admissibility. Much of this was due to Sri Lankan government agentsproviding faulty information to media and Canadian officials. Though

examinations of their past experiences and track record could have revealed theunreliability and bias of the information, the Sri Lankan officials were initiallytaken seriously. Again, CTC advocated for due process on behalf of thenewcomers to outlets across the country, including the cross-Canada Canwestnews chain (which owns everything from National Post to Ottawa Citizen toVancouver Sun): "They should have access to fair process, CTC said, noting that

1 Article I


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the conditions for Tamils in Sri Lanka had gone from bad to worse. CTC alsopublically questioned the credibility of information that came from Sri Lanka asthe 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 sharingthe refugees personal information with the Sri Lankan government will increase

the chances of the individuals being tortured or killed upon their return to SriLanka. 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. Vancouverchapter coordinator, Sue Nathan, of the Canadian Tamil Congress said she fearedfor the safety of the asylum seekers should their refugee applications be declinedand they are forced to return home. "If these men are sent back, they willdefinitely, definitely face persecution," Nathan noted. "They will disappear. Theywill face death."

CTC also held media conferences for the Tamil media, who worked hard toengage 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 : Passengers, crew of seized ship sent to Vancouver

Canadian Press : Would-be migrants sent to Vancouver on B.C. ferry

Victoria Times-Colonist : Tamil community urges due process of migrants seized inVictoria

CTV News : MacKay won't confirm if seized ship was smuggling migrants

Vancouver Sun : 'Irregular' migrants to be scrutinized in Vancouver

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

CTV News: Boat migrants may have paid $45,000 each

Globe and Mail : Former Tamil castaways building new lives in Canada

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CBC: Migrant ship likely tied to Indonesian smuggling ring

Global BC : The Ocean Lady

AFP : Tamil Canadians to offer seized migrants legal help

National Post : Human smuggling suspected

The Vancouver Sun : Boat migrants await fate in Vancouver

CTV News : Officials investigate mystery migrants in B.C.

Toronto Star : Migrants said to be Tamils

Thaindian : Ship-load of Tamils trying to enter Canada seized

October 20, 2009

CBC : CTC Press Conference

Global TV : CTC Press Conference

CTV BC: Migrants risked lives to flee to Canada

Vancouver Sun: Boat migrants kept in detention for now

Migrant Ridge News : Migrants held in Maple Ridge prison

Vancouver Sun : Migrants Will Face Tough Scrutiny: Kenney

Globe and Mail : Sri Lankan migrants reach out to Canadian Tamils

National Post : Canada Tipped Off On Ship

Toronto Star : Boat migrants' plight rekindles memories

Vancouver Sun : Board retains two migrants out of fear they wouldn't reappear

Metro Vancouver: Migrants due proper proceedings: Lawyer

Canadian Press : Migrants risked lives to flee to Canada from post war-torn Sri Lanka:supporters

Montreal Gazette: Treat Tamil asylum seekers by the book


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The Daily Gleaner: News Digest

October 21-22, 2009

AFP : Hearings begin for migrants arrested off Canada

Globe and Mail: Sri Lankan migrants suffered grueling journey

National Post: Passenger Wanted In Sri Lanka

The Province: Smuggled Tamil migrants: Refugees or artful dodgers?

CTV: Men risked their lives to come to Canada: supporters

October 25, 2009

Sunday Leader: Journey For A Better Life as 76 Sri Lankans Wait In Limbo

National Post: Mystery ship belongs to Tamil Tigers: experts

October 27, 2009

The Province: Advocates call for release of Sri Lankan immigrants

The Gazette: Boot Tigers, but migrants deserve a hearing

November 4, 2009

National Post: CTCs former Vice-President Responds to Editorial Claiming Tamils Are Not Persecuted In Sri Lanka


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and passed messages to family members and provided information and emotionalsupport to newcomers.

To make things easier for the newcomers until they were connected to theirfamilies, CTC deposited $1,500 ($20 per person) to help all newcomers pay forthe 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 legalprocess and complications involved. The meetings took place at CTCs TorontoHead Office and featured lawyers from the top immigration firms: BarbaraJackman & Associates, Lorne Waldman & Associates and Robert Blanshay &Associates. Both meetings were fully packed as lawyers from the firms answeredquestions and addressed concerns the families had. These meetings were designedto help families understand the refugee and detention hearing system.

CTC helped facilitate legal representation for interested families and fornewcomers with no families in Canada. For the latter, CTC also undertook the

responsibility of appealing and reaching out to the larger Tamil Canadiancommunity 7 and finding people to post bonds and to host the newcomers upontheir release.

CTC helped newcomers with no family in Canada gather their identity documentsfrom relatives or friends in Sri Lanka.

CTC coordinated donations for plane tickets for those who had no families tocome to Toronto. We also arranged the purchases of tickets and a person to helpdrive the newcomers to the airport from the detention facility.

VII. End Result

Today, CTC is pleased to say that all 76 newcomers have been released from detention.

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Index of Relevant Documents


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CTC Press Statement Oct 18, 2009


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Letter to Hon. Peter Van Loan, Oct 18, 2009


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Letter To RCMP, Oct 19, 2009


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Press Meet Tamil, Oct 20, 2009


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Globe and Mail article Oct 20, 2009


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Immigration and Refugee Fact Sheet

If you are afraid of being in danger if you are returned to Sri Lanka, you are allowed tomake a refugee claim in Canada. You have to make your intention to seek asylum inCanada 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 havea 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 officersquestions. You have to answer truthfully. Remember you have the right to counsel whenyou are being asked these questions. These answers can be written down and usedagainst you in immigration proceedings. You should ask for an interpreter if you do notspeak 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 admissibilityhearing.

Admissibility Hearing:A member of the Immigration division of the Immigration and Refugee Board (IRB) willbe in charge of the hearing and will make a decision on your case. A hearings officer willrepresent CBSA and state the case against you. You will have to answer the questionsboth of these individuals ask you.

You have the right to a hearing in English or in French. You have the right to have aqualified interpreter provided by the IRB at your hearing if you do not speak English or

French.

You also have the right to legal counsel at an admissibility hearing.

You do not have to answer questions from the CBSA or Citizenship and ImmigrationCanada (CIC) outside the hearing.

If you are arrested by CBSA or police, the arresting officer must tell you why. They canalso 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 toanswer questions and sat that you will not say anything until you speak to a lawyer.

If I am detained by CBSA, what is the process for getting released?Anyone who is detained is supposed to get a detention review within 48 hours of beingarrested. The CBSA officers must review the reasons for the detention. These officershave the authority to release the person with or without conditions. A person who hasbeen detained for 48 hours must appear as soon as possible before a member of the IRBs


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Immigration Division. Officers must present information to justify the continuation of thedetention. The Division member reviews the case and decides if the individual shouldremain in detention or be released with or without conditions. You can give evidence andsay why you should be released. It is up to you to convince the IRB member to releaseyou.

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 notadjourn 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 whoyou are

CBSA does not suspect that you are inadmissible for security reasons or becauseyou violated human or international rights

What happens if I am not released?f you are not released, the Division member must review the case again in 7 days andthen every 30 days after that. You can ask in writing for an early review if your situationchanges. There is no clear limit to how long you can be detained, you cannot be heldindefinitely.

Bondsperson Having a bondsperson may help in getting you released. A bondspersonshould be a Canadian citizen or permanent resident living in Canada who is at least 18years old and is not in default of another immigration guarantee.

Minors - Children under the age of 18 are detained only as a last resort. The best interestsof the child are always taken into account when considering whether to detain him or her.

WHERE CAN I GET LEGAL HELP?You have the right to legal counsel at a detention review or an admissibility hearing. If you need a lawyer but cannot afford one, you might be able to get a legal aid certificate to

pay for a lawyer.British Columbia:

To apply for legal aid in British Columbia, you can contact the Legal ServicesSociety 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.


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If you wish to apply for a private lawyer, but do not know one, you can call theLawyer 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 andcontact any family members they have in Toronto. For more information please contactCanadian Tamil Congress at 1-800-952-1433


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Information For Newcomers


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Process To Connect With Newcomers

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