
在接受加拿大广播公司(Radio-Canada)采访时,移民部长莱娜·梅特莱·迪亚布被反复询问关于具有里程碑意义的1985年“辛格诉就业与移民部长案”判决。她似乎对该案件不熟悉。(加拿大通讯社)难民权益倡导者表示震惊,联邦移民部长似乎不熟悉这项被广泛视为加拿大难民保护体系基石的最高法院里程碑式判决。
In an interview with Radio-Canada, Immigration Minister Lena Metlege Diab was repeatedly asked about the landmark 1985 Singh v. Minister of Employment and Immigration decision. She appeared to be unfamiliar with the case. (The Canadian Press) Refugee rights advocates say they are shocked that the federal immigration minister appeared to be unfamiliar with the landmark Supreme Court decision widely considered to be the cornerstone of the Canadian refugee protection system.
在接受加拿大广播公司采访时,移民部长莱娜·梅特莱·迪亚布被反复询问关于1985年“辛格诉就业与移民部长案”的情况。
In an interview with Radio-Canada, Immigration Minister Lena Metlege Diab was repeatedly asked about the 1985 Singh v. Minister of Employment and Immigration case.
该“辛格判决”裁定寻求庇护者享有《权利法案》赋予的基本正义权利,并促成了加拿大移民及难民委员会的成立。
This Singh decision ruled that asylum seekers are guaranteed the Charter right to fundamental justice and led to the creation of the Immigration and Refugee Board of Canada.
这也是针对卡尼政府移民改革提起法律挑战的关键论据,该改革限制了谁有资格获得难民委员会的听证。“你是个非常糟糕的部长,”移民事务评论员在紧张会议上说道在海外出生的加拿大人陷入公民身份证明延误困境“说实话,我极度震惊,”加拿大难民理事会联合执行主任高丽·斯里尼瓦桑表示。“掌管加拿大移民、难民及公民部的部长不完全了解最高法院的‘辛格判决’,这非常令人担忧。”
It is also a key argument in the legal challenge to the Carney government's immigration reforms that restrict who is eligible for Refugee Board hearings. 'You are a very bad minister,' immigration critic says at tense meeting Canadians born abroad caught up in citizenship certificate delays "Honestly, I was extremely shocked," said Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees. "It's very concerning that the minister in charge of Immigration, Refugees and Citizenship Canada would not be fully aware of the Supreme Court's Singh decision."
迪亚布于7月接受了加拿大广播公司纪录片播客《墙壁:移民通往加拿大的旅程》的采访,该播客于三周前推出,旨在审视加拿大的庇护制度。
Diab was interviewed in July by Radio-Canada's Les murs: le périple des migrants vers le Canada , a documentary podcast launched three weeks ago that examines Canada's asylum system.
她被问及一系列问题,包括关于《安全第三国协议》和C-12法案,即卡尼政府于3月通过的移民改革法案。
She was asked a series of questions, including about the Safe Third Country Agreement and Bill C-12, the Carney government's immigration reforms passed last March .
C-12法案中最具争议的变化之一是,个人首次入境加拿大超过一年后提出的庇护申请不再提交难民委员会,而是进行驱逐前风险评估。
One of the most controversial changes in C-12 was that asylum claims made more than a year after an individual's first entry into Canada are no longer referred to the Refugee Board, but instead are given a pre-removal risk assessment.
这项评估由加拿大移民局官员负责执行,目的是确认申请人若被遣返回原籍国后不会面临遭受酷刑或杀害的风险。评估过程通常以书面材料审查为主,而非举行口头听证会。移民权益集会呼吁政府调整移民政策9月20日 | 时长1分23秒:周日,数十名民众聚集在渥太华的人权纪念碑前,呼吁联邦政府调整现行移民政策。部分与会者指出,《C-12法案》使得移民在加拿大生活的难度大幅增加。Cameron Mahler将为您带来详细报道。
The assessment is conducted by an Immigration Canada officer to ensure that a person is not at risk of being tortured or killed if returned to their country — and typically includes a written submission rather than an oral hearing. Migrant rights rally calls on government to change immigration policy September 20|Duration 1:23Dozens gathered outside the Human Rights Monument in Ottawa on Sunday to call on the federal government to change directions with its immigration policy. Some in attendance say Bill C-12 has made it more difficult for migrants to live in Canada. Cameron Mahler has more.
迪亚布用法语表示,《C-12法案》“符合《加拿大权利与自由宪章》的规定”,并称自己身为律师,这些修订措施旨在解决庇护申请案件积压的问题。
Diab said in French that Bill C-12 "respects our Canadian Charter," adding that she herself is a lawyer and that the changes are meant to address the backlog in asylum cases.
当被问及根据“辛格案”裁决,寻求庇护者依法享有要求举行口头听证会的权利这一论点时,她回应称由于该法律刚刚实施,政府会继续密切监测相关情况。
When pressed about the argument that under the Singh decision asylum seekers have a constitutional right to an oral hearing, she replied that since the law is new, the government would continue to monitor the situation.
随后加拿大广播公司直接询问她是否了解“辛格案”裁决。稍作停顿后,迪亚布要求对方重复该裁决的名称。
Radio-Canada then asked her point-blank if she was familiar with the Singh decision. After a pause, Diab asked that the name of the decision be repeated.
在得知这是1985年加拿大最高法院作出的“辛格案”裁决后,她表示需要与团队核实相关信息。“姓辛格的人有很多,相关的裁决也不少,”迪亚布说道。移民部长被问及保障难民宪章权利的法院裁决10分钟前 | 时长1分33秒:在加拿大广播公司节目《移民之路:难民如何抵达加拿大》的采访中,移民部长莉娜·迪亚布似乎对这项被广泛视为加拿大难民保护体系基石的最高法院裁决并不熟悉。
When told again that it was the Singh decision handed down by the Supreme Court of Canada in 1985, she said she would have to check with her team. "There are many Singhs and many decisions," said Diab . Immigration minister asked about court ruling that guarantees Charter rights for refugees 10 minutes ago|Duration 1:33In an interview with Radio-Canada's Les murs: le périple des migrants vers le Canada, Immigration Minister Lena Diab appeared unfamiliar with a Supreme Court decision that is widely considered the cornerstone of Canada's refugee protection system.
加拿大广播公司随后明确指出,正是该裁决促成了难民委员会的设立,对此迪亚布回应称:“啊,明白了。”
Radio-Canada then specified that it was the decision that led to the creation of the Refugee Board, to which she responded: "Ah, OK."
根据加拿大广播公司采访的多位专家表示,随着辛格案判决的作出,加拿大最高法院承认了(除其他事项外)寻求庇护者获得口头聆讯的权利。
With the Singh decision, the Supreme Court of Canada recognized, among other things, the right of asylum seekers to an oral hearing, according to several experts Radio-Canada spoke with.
“[申请人]有权就其案件获得完整的聆讯,以便他们能在一位称职的决策者面前陈述其情况,”麦吉尔大学公共国际法荣誉教授、前联合国移民人权特别报告员弗朗索瓦·克雷波说道。
"[The claimant] is entitled to a full hearing on their file so that they can explain their situation before a competent decision-maker," said François Crépeau, professor emeritus of public international law at McGill University and former United Nations special rapporteur on the human rights of migrants.
“这就是为什么移民和难民委员会于1989年成立的原因。这是为了满足辛格案判决的要求。”
"That is why the Immigration and Refugee Board was created in 1989. It was to meet the requirements of the Singh decision."
C-12法案正在法院受到挑战。律师指控该法案违反了加拿大根据国内法和国际法承担的法律义务。加拿大新庇护法令伊朗人陷入困境加拿大移民部长在哪里?社区团体发出追问加拿大移民部坚持认为C-12法案尊重辛格案判决。
Bill C-12 is being challenged in the courts. Lawyers allege it violates Canada's legal obligations under both domestic and international law. Canada's new asylum law puts Iranians in limbo Where is Canada's immigration minister? Community groups are asking Immigration Canada maintains that the Singh decision is respected by Bill C-12.
“辛格案中最高法院认定,为满足基本正义的要求,当涉及可信度问题时,需要进行口头聆讯。最高法院并未认定在所有案件中都需要口头聆讯,”一名部门律师在2月份向研究C-12法案的议会委员会表示。
"The Supreme Court in Singh found that in order to meet the requirements of fundamental justice, an oral hearing is required when there is a credibility issue at stake. The Supreme Court did not find that in all cases an oral hearing is required," a department lawyer told a parliamentary committee studying Bill C-12 in February.
克雷波不同意:“取消完整聆讯……违反了辛格案判决设定的条件。”
Crépeau disagrees: "Removing a full hearing … is a violation of the conditions set by the Singh decision."
采访结束后,迪亚卜的办公室立即坚称部长非常了解辛格案判决,但由于语言障碍,她并未完全理解这些问题。该播客采访是用法语进行的,而法语并非迪亚卜的母语。
Immediately after the interview, Diab's office insisted that the minister was well aware of the Singh decision, but that due to the language barrier she had not fully understood the questions. The podcast interview was conducted in French, which is not Diab's first language.
然而,在两次用英语出席研究C-12法案的两个不同参议院委员会会议时,部长同样未回答有关辛格案判决的问题,而是将问题推给部门官员和律师。“能力问题”:倡导者TCRI(魁北克一个由160多个为难民和移民服务的组织组成的联合协会)的路易-菲利普·雅纳尔表示:“我认为肯定存在能力问题。”
However, during two appearances in English before two different Senate committees studying Bill C-12, the minister also did not answer questions regarding the Singh decision, deferring to department officials and lawyers. 'Issue of competence': advocate "I believe there is certainly an issue of competence," said Louis-Philippe Jannard of TCRI, a Quebec umbrella association of more than 160 organizations working with refugees and immigrants.
“辛格决定的问题在C-12法案的立法过程中,曾在众议院和参议院被提出。因此,部长对此毫不知情,至少可以说是令人惊讶的。”
"The issue of the Singh decision was raised during the legislative process for Bill C-12 before both the House of Commons and the Senate. So for it not to be on the minister's radar is surprising to say the least."
加拿大广播电台询问总理办公室,鉴于这些批评,迪亚布是否仍得到总理马克·卡尼的信任。
Radio-Canada asked the Prime Minister's Office (PMO) whether, given these criticisms, Diab still has the confidence of Prime Minister Mark Carney.
总理办公室发言人勒内·勒布朗·普罗克特在给加拿大广播电台的电子邮件中表示,迪亚布在落实联邦政府将移民人数降至“可行”水平、同时吸引全球顶尖人才的任务中发挥着“关键”作用。普罗克特说:“她继续这项工作。”
PMO spokesperson Renée LeBlanc Proctor said in an email to Radio-Canada that Diab plays an "essential" role in the implementation of the federal government's mandate to bring down immigration to "viable" levels while attracting the best talent in the world. "She continues this work," Proctor said.
迪亚布此前曾受到移民权利团体的批评,他们称这位部长难以联系,似乎对其内阁职务缺乏深入了解。反对党保守党数月来一直呼吁解雇迪亚布。
Diab was previously criticized by immigrant rights groups who said the minister was hard to reach and did not seem to have a firm grasp of her cabinet portfolio. The Opposition Conservatives have been calling for Diab to be fired for months .