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PROTECTION • SERVICE • INTEGRITY PROTECTION • SERVICE • INTEG RITE

Marine Migrant Arrivals Operational Plan

S.itllatio.n.a~of AYQlIst 19.,.. 010 2
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Canada Border Services Agency

Agence des services frontaliers du Canada

Royal Canadian Gendarmerie royale Mounted Police du Canada

Canada
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Contents
Situation
Background Assumptions

3 4 5
6-7

Intelligence Partners
Federal/Provincial/1 nternational

Roles CBSA Roles Lead Agencies Governance Pacific Second Arrival Timeline Situational Forecast - August 18-23 (Operations Branch) Stages of Operational Planning (Operations Branch) Detention Process (Programs Branch) Refugee Claims and Admissibility Hearings (Operation/Programs Branch) Final Disposition (Operation/Programs Branch) Operational Scenarios (Operations Branch) Communications (Communications directorate) CBSA Key Messages CBSA Key Stakeholders Resource Implications (Operations Branch) Next Steps Annex

8 9 10 11 12 13-16 17 18 19 21-22 23 24

20

25 27

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Situation as of 19 August 2010
Background

• • • • • •

MV Sun Sea arrived in Vancouver at Esquimalt docks at 06:39 PDT

Be on August

13, 2010, secured

492 migrants on board (men 380, women 63, children 49 (including 6 unaccompanied children»

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Intell igence
• • •
• Preliminary admissibility assessments will be completed by CBSA this week;

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Partners Involved
Federal • • • • • • • • • • Canada Border Services Agency (CBSA) Royal Canadian Mounted Police (RCMP) Citizenship and Immigration Canada (CIC) Department of Fisheries and Oceans (DFO) I Canadian Coast Guard (CCG) Department of Foreign Affairs and International Trade (DFAIT) Department of National Defence (DND) Immigration and Refugee Board (IRB) Public Health Agency of Canada (PHAC) Public Safety (PS) Transport Canada (TC) • • Provincial • BC Ministry of Children and Family Development BC Ministry of Health Services BC Corrections

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Roles*
(=) Intake and initial examination; (=/+) Detentions; (+) Hearings; (+) Removals;

CBSA

(-/=) Regional marine response team; (=/+) Collect evidence; (=) Rummage vessel; (=) Refugee eligibility determination; (=/+) Admissibility determinations;

(=/+) Process vessel and migrants under the Customs Act and the IRPA RCMP (=) Integrated command post for tactical coordination and decision making; (-/=/+) Communication with MSOC; (+) criminal investigations and charges; CIC (+) Ensure resources are available to provide timely medical examination referrals for refugee claimants (+) Permanent resident if positive refugee determination DFO/Coast Guard (-/=) Marine communications (-/=) Standby search and rescue (=) Provide heavy lift vessel for transport of migrants if required DND I Canadian Forces DFAIT (-/=) Monitor and track vessel (-/=/+) Canadian Forces assistance with assets for both RCMP and CBSA (-) Bilateral/diplomatic activity
- Pre Arnval

* Not exhaustive

= Arrival
+ Post Arrival

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Roles*

Public Health Agency of Canada (PHAC) Public Safety/GOC

(=) Prepared to have health officers on site (=) Quarantine officers on site during CBSA examination (-/=/+) Engage relevant federal departments; Government Operations Centre (GOC) (-/=/+) Provide coordination and direction on behalf of the Government of Canada

IRB

(+) Conduct admissibility hearings (+) Review detentions (+) Determine refugee claims

Province

(+) Ministry of Children and Family Development: ensures capacity for custodianship and well-being of minors without parent/guardian (+) BC Corrections: individuals work with the CBSA to ensure capacity to detain up to 500

NGO

(+) Canadian facilities

Red Cross: monitors detention of persons detained in Provincial - Pre Arrival

* Not exhaustive

= Arrival
+ Post Arrival

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CBSA Roles
Operations Branch Regional Pacific Region HQ Post Border Operations BOC

elSA

Front line operations including the processing of the migrants and the vessel; admissibility determinations; refugee eligibility determinations, initial detentions; intelligence; criminal investigations; removals Agency operations task force lead; operational guidance and support to the Pacific region and senior management; coordinating the agency response; develop class 0 costing; develop best practices; national operational plan Responsible for information flow to/from senior management, GOC, and external partners on the status of the migrant vessel pre-arrival, upon arrival, and post arrival on a 24n basis Operational support and analysis to the Pacific intelligence resources; liaiSing with regional, OGOs, and international counterparts; communications to BOC MIO and ILO support network provide information on the country conditions, collect information and intelligence, and investigate claims and identity documents; liaises with international partners Management of the hearings and detentions policies program; development of detention strategy for mass arrival of migrants; detention planning; functional advice and guidance to the field Providing support and guidance to the Pacific Region on policies Tracking, reviewing and managing migrant cases; defending all decisions and decision making processes related to specific cases National communication strategy; 24/7 emergency communications

Intelligence International Operations Programs Branch HQ Inland Enforcement Traveller Border Programs Case Management Communications Comptrollership Legal Services

Provide in-depth financial information on operating plans; supporting the development of costing information; tracking and reporting costs Provide legal advice and guidance related to the arrival of the vessel and subsequent immigration and IRB processes 8

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Lead
• DFAIT

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Lead Agencies
Situation
• Vessel in international waters • Vessel enters Canadian waters • Interd iction of vessel off shore • Vessel arrives at the port

• RCMP

• RCMP • CBSA lead on immigration matters and customs elements • RCMP lead on criminal investigation relating to organized crime, national security and human trafficking

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Governance
• Cabinet Committee on Foreign Affairs and Security • Deputy Minister Ad Hoc • Assistant Deputy Minister (ADM) National Security Committee (PS Chair) • Interdepartmental Coordinating Committee (RCMP chair) • Regional Task Force (CBSAlRCMP co-chair)

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Pacific Second Arrival Timeline
~
_ DFAIT, caSA, RCMP, and hold technical boofing _lItul'! 1;3. 15:00 - DND, CBSA provide appropriate visuals on the Canadian effort

Most recent update: August 19, 2010 at 07:45 EDT
We are here

*

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Situational Forecast For The Week Of August 16-23,2010
Monday Final transfers from Vancouver Island completed! operational area has been taken down! first detention review scheduled but delayed pending arrival of client! rummage of vessel began! ROV examination of the hull! explosives swabs of cargo hold completed! media release of data on numbers of migrants! all physical files sent to PREC! intelligence analysts (IA) create cases in Intelligence Management System (lMS)! portable live scan redeployed to Vancouver to fingerprint migrants

caSA

FC

Tuesday

NCMS load completed for the 492 cases! a total of 80 detention reviews were completed! hearings for all women at Alouette facility completed! examinations of low risk migrants continue ! fingerprinting resumed! vessel rummage continues! evidence team examination area set up! 2 additional interview trailers made available for hearings Detention reviews continue! a total of 149 detention reviews have been completed! examinations of low risk migrants continue! all women (38) at Alouette have had their initial interview! fingerprinting continues! evidence truck moving to Vancouver (Queen's Bond) ! UNHCR and Red Cross begin visits to FRCC, Alouette, and Burnaby youth center! vessel rummage completed 149 detention reviews scheduled! examinations of low risk migrants will continue! fingerprinting continues analyze evidence gathered! UNHCR and Red Cross visits to FRCC, Alouette, and Burnaby youth center! immigration medicals for women at Alouette Detention reviews will continue! hearings for all women completed! examinations of low risk migrants will continue! analyze evidence gathered! UNHCR and Red Cross visits to FRCC, AI 0 uette, and Burnaby youth center! immigration medicals for women at Alouette Examinations of low risk migrants will continue! Examinations of low risk migrants will continue! reviews should be completed by Monday. analyze evidence gathered analyze evidence gathered! 48 hour detention

Wednesday

Thursday

Friday

Saturday Sunday

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Stages of Operational Planning
• Stage 1: At Sea • Stage 2: Upon Arrival • Stage 3: Post Arrival • Stage 4: Final Disposition

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Public Safety Emergency Response Level • • • • • Level 1 - Enhanced Reporting

FC

Stage One - At Sea (prior to August 13, 2010)
Planning Elements
Location of vessel ETA Collection of information on country conditions by overseas officials • Intelligence gathering overseas • Capacity to process cases • Shore-side service availability • Detention capacity • Interpreters required • Biohazards • Media interest • Roles and responsibilities • Stakeholder engagement REPORTING • CBSA Border Operations Centre (BOC) reports to Government Operations Centre (GOC) • RCMP National Operations Centre (NOC) reports to GOC • • •

Focused attention to integrated response by federal government Detailed reporting of significant information from multitude of sources Planning and response efforts Departmental Liaison Officers reporting information to Goe

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Stage Two - Upon Arrival (August 13- present)
Operational Execution PROCESSING
• • • • Berth and secure vessell board vessell rummage at CFB Esquimalt Examine migrants and vessel Admissibility examinations Refugee eligibility determinations •

Public Safety Emergency Response Level Level 2 - Risk Assessment and Planning
Incident Risk Analysis Report generated as event unfolds Strategic level contingency plans to guide an integrated response

• •

Level 3 - Coordination of Federal Response
Arrangements for federal response and departmental emergency response activated Ongoing risk assessment

• • •

Initial detention

Evidence Contingency notifications (urgent medical treatment, transportation, minors, etc) • CBSA BOC reports to GOe ReMP NOe reports to GOe

REPORTING
• •

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Stage Three - Post Arrival
Summary • Info/intelligence • Admissibility Determinations • Refugee Eligibility Determinations • Ongoing detention reviews • Admissibility hearings for serious inadmissibility allegations • Refugee Protection Hearings • Criminal investigation/charges

• Vessel arrangements/disposal • Pre-removal risk assessment (PRRA) • Removal (overseas officials to support return of failed claimants)
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Stage Three - Post Arrival Refugee Claims and Admissibility Hearings
Admissibility Hearings
• Cases that contain complex or serious allegations will be referred to the Immigration Division of the IRB for an admissibility hearing and issuance of removal order Expecting all migrants will be found inadmissible and issued a removal order (immigrants without a visa/no documents) • • •

Refugee Claims
Expected all migrants will make refugee claims Referred to Refugee Protection Division (RPD) of IRB Those determined to be refugees would make applications for permanent residence in Canada Those who are found not be refugees or in need of protection would follow the regular removal process

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Stage Four - Final Disposition
Monitor and Review • Track cases (detained, reporting, stays, removals) • Assess final costs • Review and Revise Operations plan • Lessons learned • Best practices • Debriefings

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Operational Scenarios
• Operational plans were developed for the following . scenarios:

Two dry-run exercises have been completed (one internally took place on July 29th, and an all OGO partners exercise took place on August 5th)
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Communications Approach
Phase I: Vessel in international waters
Reactive communications approach continues DFAIT leads communications

Phase II: Vessel under control of Government of Canada (in Canadian waters)
Proactive approach adopted RCMP confirmed control of the vessel via news release (once operationally feasible) Following RCMP release, PS Minister issued high level Government of Canada statement

Phase III: Vessel is fully secured (upon confirmation from RCMP)
CBSA, RCMP, DND, and DFAIT held technical briefing to speak to GoC efforts to secure the vessel and government's preparedness to process
• • • Immigration Refugee Board (IRB), CIC, Health, PHAC, and Transport to answer questions as needed Provincial officials respond as appropriate (TBD) DND, CBSA provide visuals on the Canadian effort as appropriate

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Communications Approach (cont'd)
Phase IV: Vessel in port. processing begins - TBe
News conference in B.C. with Minister Toews joined by senior government officials • CBSA official to speak on the detention process • RCM P official to speak to on-going investigation • Minister Toews may speak about intention to table legislation and immigration policy • CBSA, ON0 to provide visuals, as appropriate Minister Toews issues news release outlining government actions and highlighting close collaboration between departments and agencies

-

Phase V: As required
CBSA and IRB officials speak to status of processing of individuals Additional technical briefings held as needed, based on developments and progress

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CBSA Key Messages
• Pre-arrival
The CBSA is taking the necessary measures to prepare for the arrival of the vessel. This includes working with our security partners to and health partners so that individuals will be processed efficiently in accordance with Canadian law while ensuring that health needs are met. The CBSA is working with its partners to manage the situation. We are acting quickly to ensure that the immediate personal and health needs of these individuals are met while upholding Canadian law. The CBSA is exercising due diligence in the screening of all the individuals for security and criminal threats.

Arrival
-

Post-arrival
-

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Communications
Provincial
• •

Key Stakeholders

Premier of British Columbia / Ontario Mayors of concerned communities in BC / Toronto resources abroad)

International (supported through CBSAlRCMP
• • • • • • Government of Sri Lanka US Government Australian Government

NGOs
United Nations High Commissioner for Refugees (UNHCR) Canadian Council for Refugees (CCR) Canadian Tamil Congress
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Resource Implications
• Exact funding requirements to be determined • Provinces of Be and Ontario will experience resource pressures related to the increased capacity for services required (child welfare agencies, detention centres, health services) • Redeployment of resources and services were arranged to support the Pacific Region

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Next steps
• • • • Detention reviews are on-going Interdepartmental consultations on-going Partner/stakeholder continued engagement Continued briefings to senior management during the detention review and examination process • BlOC is no longer operational; ROC and BOC remain fully operational • Review and revise operational plans to address any gaps identified through stages I and II • Continuation planning initiated for potential future arrivals of vessels in Fall 2010
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Annexes
A.
B. Mass Marine Migrants Arrival - What will it look like C. Marine Arrivals 2010 Matrix D. Situational Ad Hoc Reporting E. BOC Reports

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