ARCHIVED – Annual Report to Parliament on Immigration, 2008

This Web page has been archived on the Web

Section 7
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. It represents only one aspect of the analysis undertaken in policy and 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, including such variables as age, race, sexual orientation, ethnicity, religion and culture, 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.

CIC’s Strategic Framework for Gender-based Analysis (2005–2010) lays out a path for fulfilling the requirement to report to Parliament. The framework identifies the importance of building and maintaining departmental capacity for GBA, including policy guidance, the development of tools and ongoing training. A departmental GBA Working Group supports the branches in carrying out their responsibilities. CIC has provided training to over 200 employees since October 2002.

Central to the framework’s implementation are the GBA branch plans, which identify priority issues for gender-based analysis of the impact of IRPA. As such, CIC is working toward the integration of GBA into its business planning process. For the first time in 2008–2009, GBA followed the same planning cycle as other business activities and forms part of the business plans.

Gender Impacts of IRPA: Highlights of Branch Activities

Sex-Disaggregated Data as the Basis for GBAs

CIC continues to gather sex-disaggregated data for the Department. The key annual publication, Facts and Figures: Immigration Overview—Permanent and Temporary Residents,[note 16] is a main source of immigration statistics for both the Government and the private sector. It presents the annual intake of permanent residents by category of immigration and of temporary residents by primary status from 1980 to 2006. The publication contains statistical tables and charts providing gender-based information by immigrant category, source country, intended destination upon arrival in Canada, age at landing, level of education, marital status, language ability, occupational skill level and intention to work. Facts and Figures provides a gender breakdown by principal applicants, spouses and dependants, which can be further analysed to better understand the status of women in these specific categories.

GBA as a Policy Lens

CIC is trying to find ways to strengthen the foundation for applying GBA to policy development within the Department. A key focus is building knowledge of the gender dimensions of issues related to immigrant integration. For example, steps have been taken to review evidence on gender disparities regarding the integration outcomes of women in comparison to men, in order to identify research gaps and potential policy directions. This work is still at the initial stages and will continue in 2008–2009. Activities will include reviewing policy documents to identify gender and diversity considerations, and exercising leadership in policy discussions on key CIC priorities to draw out gender implications.

Immigration Policy and Programs

The Department launched the new Canadian Experience Class on September 17, 2008. Gender impacts were considered during the development of selection criteria for this new class. For example, concerns were raised during consultations with stakeholders that the proposed work experience requirement could have a differential impact on men and women. As a result, CIC removed the obligation for the work experience requirement to be met with full-time and continuous work.

CIC continues to incorporate gender considerations into the ongoing review of the Live-in Caregiver Program (LCP). Gender-based data are included in the data collection tools as part of the program review and will be included in the data collection tools for reviewing the potential impacts of occupation-specific work permits when live-in caregivers change employers in Canada.

As well, the formative evaluation of the Federal Skilled Worker Program is currently in the design stages and is expected to provide an early picture as to how the program is performing. Part of this evaluation will include a comparison between genders. As well, when data on federal skilled workers selected under IRPA become available, they will be disaggregated by gender, and differences in outcomes will be analysed.

In addition to the evaluation, gender considerations will be included in any future program changes. Between 2006 and 2008, CIC will include gender considerations in a Results-based Management Accountability Framework designed to evaluate off campus and post-graduate student work permits.

In line with recommendations from stakeholders and a report of the Standing Committee on the Status of Women, CIC strengthened its measures to address the unique needs of victims of human trafficking by increasing the maximum length of the temporary resident permit (TRP) issued to victims in Canada from 120 to 180 days. The increase was made to allow these permit holders to apply for a work permit, an option unavailable under the 120-day TRP. The TRP guidelines for victims of trafficking help protect victims of human trafficking in Canada, the majority of whom are women and girls.

As part of ongoing policy analysis on the humanitarian and compassionate provision of IRPA, a more in-depth profile of H&C applicants, including information related to diversity, has been identified as a research priority and will be undertaken.

Refugees

CIC conducted a GBA of orientation and Canadian life-skills training services for resettled refugees available through RAP. The analysis identified gender sensitive orientation services and gaps in current programming, and recommended improvements to orientation programs. In order to support this work, an inventory of existing gender-sensitive orientation services provided by service provider organizations was completed along with an analysis of available data.

The analysis identified several gender-sensitive topics addressed by some service provider organizations in their delivery of orientation services to newly arrived refugees: specifically, family violence, legal rights and gender roles. The analysis also highlighted some gender-sensitive methods that service providers could use when providing settlement programs, such as providing child minding to clients, having staff of the same sex as clients available to lead orientation sessions where possible, having orientation sessions segregated by sex for gender-sensitive topics, such as family violence, and undertaking specific teaching strategies for populations with lower levels of literacy. The analysis suggested developing guidance and tools for service provider organizations, and enhancing the monitoring framework for gender- and age-sensitive measures of program participation to better meet the needs of refugee women and men, and boys and girls.

These analyses are particularly important in the current context because evidence from both academia and service providers suggests that more refugees with higher needs are being resettled today than in the 1990s; in addition, women may have higher needs than men since they generally have lower levels of education and knowledge of official languages when they arrive in Canada. This trend toward higher-needs refugees likely reflects both new immigration legislation in 2002, which emphasizes protection needs over ability to settle, and fluctuations in refugee populations worldwide over time. There is an obvious necessity to understand the diverse needs of resettled refugees to ensure improved settlement outcomes.

CIC conducted a GBA of refugees resettled through the Urgent Protection Program. The analysis found that the proportions of women and men are approximately equal, with significantly more adults than children within the population. CIC also analysed the gender, age and source region of refugees resettled through the One-Year Window process since the implementation of IRPA. This analysis identified no significant differential impacts by gender and source region. About 50 percent of refugees arriving through this process are children under 18 years of age.

In early 2008, CIC updated its operational guidelines to include new instructions to officers receiving and making eligibility determinations with respect to refugee claims from vulnerable persons and minors. The guidelines support priority processing for refugee protection claims made by vulnerable persons and ensure special accommodation during the examination process. Vulnerable persons are identified as those having significant difficulties in coping with the eligibility interview due to a specific condition or circumstance, such as elderly persons, persons with physical disabilities or injuries, pregnant women, unaccompanied minor children, parents with young children, victims of gender-based violence, victims of severe trauma, and children who have been victims of abuse. Officers are instructed to be mindful of any special requirements of vulnerable persons. These special requirements include cultural and gender issues that may affect communication. Finally, the new guidelines also include gender-sensitive guidance for processing claims made by children. For instance, the guidelines note that children who have suffered female genital mutilation may be most comfortable with interviewers of the same sex.

In 2007, CIC identified the Pre-Removal Risk Assessment process as a future GBA priority. CIC undertook a gender-based analysis of the PRRA Program, and the preliminary study found that PRRA has no significant differential impact on women and minors applying for protection through the program. Instead, it showed that there is less and less limitation on access to the PRRA Program for clients. The full analysis will be completed in 2008.

Monitoring of Safe Third Country Agreement

In 2007, CIC continued to gather data regarding the potential gender impacts of the Canada-United States Safe Third Country Agreement. A GBA 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 six 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 percent of all claimants in 2002 were female, and 45 percent in 2006 and 2007). The proportion of females among minor border claimants remained the same (49 percent) after an increase in the previous minors among total claimants and border claimants, which can be explained by an increase in the number of families making a refugee claim at the border where U.S.-born children accompany their parents who are nationals of a third country. This analysis suggests 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, 2002-2007

Source: Citizenship and Immigration Canada, Departmental Records, May 19, 2008.

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, 48 percent of border claimants who were not U.S. citizens and who were granted an exemption were female. This figure compares closely with 46 percent of females among total border claimants. The total number of unaccompanied minor refugee claimants rose by 18 percent to 58 in 2007 compared to 2006, while the proportion of females among unaccompanied minor claimants changed from 35 percent to 33 percent. 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, 2007

Source: Citizenship and Immigration Canada, Departmental Records, May 19, 2008.

Integration and Settlement

The results of an analytical research and consultation process in 2006–2007 helped to frame a modernized approach to settlement programming. The process, which examined the settlement needs and barriers of diverse groups of newcomers based on age, gender and circumstances of migration, identified a clear need for more flexible, responsive and holistic programming. The resulting settlement program has a single program authority with six settlement themes (needs assessment, support services, information/orientation, language/ skills development, labour market participation, and community connections). Service provider organizations will be able to offer services that combine activities from more than one theme to better address the unique needs of various newcomer groups and support improved newcomer settlement outcomes.

CIC is currently in the process of nation-wide consultations on social engagement. Issues of gender and diversity are emerging from these discussions among stakeholders representing civil society, government and research communities. The recommendations that result from this process will ultimately be applied to CIC’s social engagement strategy.

In addition to the literature analysis of gender-related settlement barriers facing live-in caregivers, two additional literature reviews were commissioned: Skills Development, Gender, and the Integration of Newcomers; and Case Management, Gender, and the Integration of High-Needs Newcomers and Refugees (March 2008). The results of the research reviews will be taken into consideration and applied as appropriate.

Risk Mitigation

During the biometric field trial in 2007,[note 17] biometric information was collected from about 18,000 persons, with a proportion of about 45 percent male to 55 percent female. A GBA of the image quality generated for both fingerprints and facial recognition indicates that biometrics collection from men and women generated about the same level of image quality, with slightly superior results for men due to the larger finger size. As the difference between men and women did not have an impact on the ability to use biometrics to match individuals, CIC does not plan on changing the way in which biometric information is captured based on gender. No distinctive reaction or attitude to the collection of biometrics during the field trial was observed based on gender. The field trial client group included students, workers, visitors and asylum claimants.

CIC developed a strategy to incorporate GBA in the production of country reports used in the visa-review process, and specific gender-based analysis training was provided to researchers to advance that objective. Accordingly, gender issues were considered as part of the overall country review process for Poland, Hungary, Lithuania and Slovakia in 2006–2007. The review for those countries did not identify any gender based implications. CIC will continue to look at gender-based issues as part of the overall country review process, including the planned country reviews for 2008–2009. The countries that will be reviewed have not been determined at this time.

Citizenship

Although reporting on GBA is not required under the Citizenship Act or IRPA, the Citizenship Branch has developed a GBA Plan and is also participating in the Department’s GBA Working Group.

Until 2011, CIC will be working toward including GBA as a component of the Qualitative Investigation of the Naturalization Decision. The qualitative analysis of reasons for seeking naturalization incorporates gender considerations when forming participant groups. Based on the information collected, CIC will then evaluate the role of gender in the decision to apply for Canadian citizenship. CIC will also consider options for gender-based, disaggregated data from the study on civic participation.

Metropolis as a partner in GBA

The Metropolis Project also developed a GBA Plan in 2008. The research that Metropolis generates provides information for the Department’s work, policies and programs, and certain research specifically deals with gender considerations. Gender is also a focus of many of the workshops and pre-conference events of the national and international Metropolis conferences.

The following sample list of Metropolis gender-related research activities, partially funded by CIC, is available at www.metropolis.net:

• Integration Outcomes for Immigrant Women in Canada: A Review of the Literature, 2000–2007.[note 18]
• The Atlantic Metropolis Centre’s Gender, Migration and Diversity/Immigrant Women Research Domain provides a regional and national focus and is a clearing house for the GBA of immigration and diversity. It engages in the GBA of research questions and aims at ensuring they take into account gender and immigrant women’s experiences.
• Our Diverse Cities, Spring 2008: “Canada does not want me, Canada wants my children: Cross- Cultural Mothering in Halifax.”
• Pre-Conference Event: Family Migration Day, April 3, 2008.
• Working papers (funded by the Social Sciences and Humanities Research Council of Canada): “It’s a War on Love: Intermarriage in Vancouver, British Columbia’s Jewish Community”[note 19] and “The Interplay of Gender, Migration, Socioeconomics, and Health.”[note 20]

In the Coming Year

In addition to the aforementioned activities, CIC is committed to undertaking the following GBA-related activities in the coming year.

A preliminary GBA of the gender impacts of instructions under the Budget Implementation Act 2008 (Bill C-50) is currently being conducted. The impacts will be monitored as the instructions are implemented.

As information to newcomers is a critical first piece in the settlement process, CIC is committed to reviewing the provision of information—for example, Welcome to Canada, A Newcomer’s Guide to Canada, and the Going to Canada Immigration Portal—to ensure the inclusion of gender-sensitivity, and to provide current and relevant information. Also, CIC is continuing to examine ways of enhancing the Immigration Contribution Accountability Management System (iCAMS) based on updates to the settlement program logic model. If iCAMS is determined to be an appropriate data source for any additional data collection on gender-based analysis, accommodation of the changes will be considered.

CIC will share relevant tools to assist provinces and territories interested in conducting GBA of their respective Provincial Nominee Programs. Gender considerations will also be incorporated into an ongoing review of the Business Programs (Investor, Entrepreneur and Self-employed classes). Gender-based data gathering will be included in the design of data collection tools (e.g., surveys) as part of the program review. As well, the Temporary Foreign Worker Program will incorporate gender data collection in the evaluation component of the joint Results-based Management Accountability Framework/Risk-based Audit Framework being developed with HRSDC.

CIC is in the planning stages of developing a monitoring and evaluation framework for government-assisted refugees and privately sponsored refugees, in which gender-based considerations will be included. Provisions for monitoring some special-needs refugees, such as cases involving urgent protection needs, women at risk and joint assistance sponsorships, are expected to be incorporated. As with the group processing for Karen refugees, CIC will undertake a review of the gender and diversity impacts related to the arrival of 5,000 Bhutanese refugees from Nepal, expected in Canada in early 2009. These refugees represent CIC’s fourth group-processing initiative, whereby refugees are accepted as Convention refugees as a group rather than on an individual basis. CIC hopes to mitigate challenges arising throughout the resettlement continuum.

Table 13: New Permanent Residents in 2007, by Immigration Class and Gender

Source: Citizenship and Immigration Canada, Facts & Figures 2007
* “Other” includes Post-Determination Refugee Claimants, Deferred Removal Orders and Temporary Resident Permit Holders.

Table 14: 2007 Permanent Residents in the Economic Class, by Principal Applicants versus Spouses/Dependents and by Gender

Source: Citizenship and Immigration Canada, Facts & Figures 2007

____________

<< Previous | Contents | Next >>