ARCHIVED – Annual Report to Parliament on Immigration, 2007

This Web page has been archived on the Web

Section 6
Gender-Based Analysis of the Impact of the Immigration and Refugee Protection Act

IRPA includes a requirement to report annually on the impact of this legislation and the corresponding regulations from the perspective of gender-based analysis (GBA). The legislative requirement to report on gender-related impacts is unprecedented in federal statutes.

GBA is not a stand-alone activity or product. While it is an ongoing analytical process that supports more informed decision making and better public policy, it represents only one aspect of the analysis undertaken in policy formulation, program development, management and evaluation. Gender impact analysis focuses on important social and economic differences between men and women, and between different groups of men and women over their life cycles. It seeks to examine existing and proposed policies, programs and legislation to ensure that they are having their intended effects and producing fair results.

In early 2005, CIC launched the Strategic Framework for Gender-Based Analysis (2005–2010). The framework sets out the strategic objectives and principles for GBA and the steps that will be taken to strengthen capacity and performance throughout the Department.

Central to the framework’s implementation are the GBA branch plans, which identify priority issues for gender-based analysis of the impact of IRPA. Five branches have developed GBA plans: Refugee, Integration, Immigration, Risk Mitigation, and Strategic Policy.

The Department was reorganized in April 2006, and the GBA function was transferred to the Corporate Services Sector. This step affords greater opportunities to integrate GBA into the planning and reporting processes. In addition, the CIC Policy Committee, which guides departmental policy directions, priorities and decision making, will provide an oversight role to ensure that gender considerations are taken into account in the policy development process.

Gender Impacts of IRPA: Highlights of Branch Activities

Data Gathering

A literature review of gender-based settlement needs and barriers as well as information gathered from SPOs, provinces and territories facilitated an analysis of relevant challenges, drawing attention to those issues distinct to either women or men. The analysis examines trends in the newcomer population as a whole and draws links to gender issues particular to sub-groups such as youth, seniors, labour-market entrants, Francophone immigrants, and refugees. A gender-sensitive lens on settlement programming will help with upcoming initiatives to refine newcomer services so that they can reduce barriers, better serve needs, and improve settlement outcomes for both men and women.

Another literature review of integration challenges and outcomes for refugees was conducted, including the different settlement and integration needs of female and male refugees. This research highlighted gender-differentiated integration outcomes, and will inform future integration programs and policies for resettled refugees.

CIC-Francophone Minority Communities Steering Committee

One of the key directions of the Strategic Plan to Foster Immigration to Francophone Minority Communities is better integration of immigrants and refugees already in FMCs, which proposes to continue supporting vulnerable clients, such as women. In addition, the Action Plan 2006–2007, 2007–2008 and 2008–2009, Implementation of Section 41 of the Official Languages Act, proposes integration-support actions by paying special attention to the more vulnerable client groups, such as women and children. During 2006, a project was conducted to develop communication tools on diversity awareness and to facilitate the integration of French-speaking women from ethnocultural communities in New Brunswick.

Monitoring of Safe Third Country Agreement

Last year, CIC committed to establishing baseline data regarding gender impacts and trends over time for the Canada-United States Safe Third Country Agreement. A gender-based analysis was undertaken to inform ongoing monitoring and review processes associated with this Agreement.

Table 11 shows that the proportion of female claimants at the border has been comparable to that of the total claimant population over the past five years. The proportion of females among total claimants and among border claimants has remained relatively constant, with a slight increase over the last five years (42% in 2002 and 45% in 2006). With the exception of a slight increase in the proportion of females among minor border claimants over last year (47% in 2005 and 49% in 2006), the proportion of minors among total claimants and border claimants has also remained relatively constant over the last five years. This preliminary analysis continues to suggest that the Agreement has not been a strong deterrent, and that women and minors continue to want to make asylum claims in Canada and were eligible to do so under the terms of the Agreement.

Table 11: Proportion of Applicants by Women and Minors, 2002-2006

Source: Citizenship and Immigration Canada, Facts & Figures 2006

Claims for refugee protection from persons who arrive at a Canadian land border port of entry from the United States are ineligible unless they fall within an exception. These exceptions are consistent with the principles established in IRPA that favor family reunification and protection of the best interests of the child.

According to Table 12, 47% of non-U.S. citizen border claimants who were granted an exemption were female. This figure compares closely with 46% of females among total border claimants and 47% among total exceptions. Although the total number of unaccompanied minor refugee claimants remained unchanged in 2006, the proportion of female claimants decreased to 35%. Given the particular vulnerability of this subgroup, and the Government’s commitment to considering the best interests of the child, this category will continue to be monitored closely.

Table 12: Exceptions by Gender, 2006

Source: Citizenship and Immigration Canada, Facts & Figures 2006

Immigration Policy and Programs

CIC supported the Government’s introduction of amendments to IRPA to help prevent vulnerable foreign workers from being exploited or abused. The amendments would give the Minister of Citizenship and Immigration the authority to issue instructions giving immigration officers the discretion to deny work permits to otherwise admissible individuals, including those applying to work as exotic dancers, who could be vulnerable to humiliating and degrading treatment, including sexual exploitation, in Canada.

Preliminary results indicate that while the majority of H&C applicants from 1992 to mid-2006 were men (57%), women had a higher acceptance rate (65% compared to 54%). When examined by age, adult women in all age groups had an acceptance rate that ranged from 10 to 17% higher than that of men, with the greatest differential being for those aged 56 to 65. However, the acceptance rates between male and female children were roughly the same.

To complement the guidelines for protecting victims of human trafficking described in section 3 of this report, CIC, in cooperation with the CBSA, is developing training programs for frontline officers to raise awareness of trafficking. Although international data indicate that trafficking in persons is mostly aimed at women and children, men can also be victims. This finding will be reflected in the training materials on trafficking in persons.

In the Coming Year

A range of other initiatives and activities will continue during the coming year. CIC will update the training material used in departmental GBA training. It will also consider developing new tools that could support the implementation of GBA. For CIC, the focus will be put on strengthening the branches’ capacity to do GBA and provide support as it is required.

CIC will incorporate GBA considerations into the review of the Entrepreneur Immigration Program. Also, as announced in Budget 2007, CIC has committed to creating a new avenue to immigration for Canadian-educated foreign students and experienced temporary foreign workers. Based on current trends, it is possible that this initiative will create avenues for more female immigrants to apply to stay permanently in Canada. Creating an immigration opportunity for Canadian-educated foreign students and experienced temporary foreign workers may create more gender balance in the Department’s immigration programs. The design of the new program will include gender considerations. As well, impacts by gender will continue to be monitored once the initiative is implemented.

CIC has recently begun negotiations with the provinces and territories on an evaluation framework for PNPs, and intends to inform provinces and territories of departmental GBA requirements. Further to stakeholder consultations on the Live-in Caregiver Program, a GBA will be conducted regarding the extension of work permits to a maximum of three years and three months, as announced in February 2007. In addition, a Results-based Management Accountability Framework for off-campus work permits and postgraduates will be updated in 2007 and will include a GBA.

GBA will be included in the Regulatory Impact Analysis Statements for all proposed regulatory changes concerning social immigration policy and programs. Analysis of data related to the H&C policy will continue to take gender considerations into account.

The PRRA and the Safe Third Country initiatives have been selected as IRPA priority areas for GBA. In addition, a more detailed gender and diversity analysis of protected persons admissions will be undertaken. The Guardianship Protocol and RAP have been identified as areas for future GBA.

Table 13: New Permanent Residents in 2006, by Immigration Class and Gender

Source: Citizenship and Immigration Canada, Facts & Figures 2006
* Information on gender is not available for two persons in this category.
** “Other” includes Post-Determination Refugee Claimants, Deferred Removal Orders and Temporary Resident Permit Holders.

Table 14: 2006 Permanent Residents in the Economic Class, by Principal Applicants versus Spouses/Dependents and by Gender

Source: Citizenship and Immigration Canada, Facts & Figures 2006.

<< Previous | Contents | Next >>