Access to Vancouver Public Library Services without Fear Policy

Immigration Status

Vancouver residents have diverse immigration status, including those with Canadian citizenship, permanent residency, temporary residency, and uncertain or no status. For the purpose of this policy, we refer to two specific categories of status: individuals with no immigration status and those with uncertain status.

a. No Status

The term is used to describe individuals who reside or work without authorization, who have no immigration status, or who are generally referred to as 'undocumented', i.e. their documentation is not accepted or recognized by the state and therefore the individuals have no lawful status of residence. For example, newcomers arriving in Canada through regular channels may come to a point where their visa has expired, or find that their circumstances have changed such that their work permit is no longer valid. Typically, these individuals have very limited or no access to resources and support.

b. Uncertain Status

For the purpose of this policy, uncertain status refers to individuals with pending and/or unknown immigration status. For example, an individual who has received a negative decision in their refugee application, and is actively appealing that decision, would be deemed to have uncertain immigration status. Typically, these individuals have very limited or no access to resources and support.

Refugee

The following is adapted from the United Nations High Commissioner for Refugees (UNHCR) 1951 Refugee Convention: Individuals, who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside the country of their nationalities, and are unable to, or owing to such fear, are unwilling to avail themselves of the protection of that country.

1 Context

The Government of Canada has jurisdiction over immigration policies and regulations including law enforcement activities related to border management and immigration control. As these activities are under the jurisdiction of the federal government, this policy relates only to the area of access to municipal services under the jurisdiction of the Library Board.

The vast majority of people enter the country through authorized channels; however, their immigration status sometimes changes for a variety of reasons, including sponsorship breakdown, a denied refugee claim or expiry of study or work permits.

People with uncertain or no immigration status have precarious access to health care, housing, education, social services, legal rights and employment, and experience constant stress and fear of deportation, social exclusion and isolation, and separation from family. Women of uncertain or no immigration status are more vulnerable to poverty, unemployment, domestic violence and abuse, and are less likely to access information or seek support services. As victims or witnesses of crime, people of uncertain or no immigration status are less likely to report to police for fear of exposure and possible deportation.

Immigration status is a social determinant of health, and such fears prevent people from seeking the support they need from government and community agencies of all types.

The Vancouver Public Library is committed to responding to the diverse needs of people arriving and living in Vancouver, inviting their participation and engagement in the services of the Library and providing welcoming and safe access to those services. This policy supports the Library’s mission to be a free place for everyone to discover, create and share ideas and information.

Further, City Council passed the Access to City Services Without Fear Policy on April 6, 2016.

2 Principles

The following principles, including the Library’s Code of Conduct, will guide the conduct of Library staff in relation to this policy.

2.1 Integrity: Employees are the keepers of the public trust and must uphold the highest standards of ethical behavior.

2.2 Accountability: Employees are obligated to answer to the responsibilities that have been entrusted to them and the decisions they make.

2.3 Responsibility: Employees must act responsibly, within the law and within the authorities of the Vancouver Charter.

2.4 Leadership: Employees must demonstrate and promote the key principles of the Code of Conduct through their decisions, actions and behaviour.

2.5 Respect: Employees must conduct public business efficiently, with decorum and with proper attention to the city's diversity.

2.6 Openness: Employees have a duty to be as open as possible about their decisions and actions by communicating decision• making processes, encouraging appropriate public participation and appropriate means for providing feedback.

3 Limitations

This policy applies to those services directly provided by the Library.

In developing programs with partner organizations, the Library will ensure that no one is asked to disclose his or her immigration status as part of partnered programming offered in library spaces, unless such partner organization is legally required to request such information and people are clearly told that they may participate in the program even if they do not disclose their immigration status.

4 Policy Directives

The three policy directives are as follows:

4.1 Access to Library services is not dependent on immigration status

Library services will be provided regardless of immigration status. Further, Library staff will not ask for or otherwise seek out an individual's immigration status as a condition of providing Library services, unless the provision of such services has a legal requirement to obtain such information.

Access for all is a core value of the Library. The Library strives to provide services that are are accessible and barrier free. People must show identification to obtain a Library card. Included in the wide range of acceptable information are documents which identify immigration status. However, details of identification shown, including immigration status, are not retained as part of the library record. Access VPL cards are available who might not be able to get a standard VPL card.

4.2 Privacy of Information

The Library will carefully uphold and enforce privacy legislation to ensure that any and all personal information concerning immigration status is not requested or gathered in the course of providing Library services unless required by law.

The Library will not require collection of immigration status information except where required by law. When personal information concerning immigration status is required to be collected, the Library will only collect same after ensuring that the person required to give it is aware of the requirement and then only in accordance with applicable privacy and disclosure laws. Library services will be provided regardless of immigration status.

4.3 Relationship with Canada Border Services Agency, CBSAThe role of CBSA is to administer and enforce the Immigration & Refugee Protection Act and regulations. Accordingly, the voluntary disclosure of immigration status and enforcement of immigration law is outside the scope of the City of Vancouver and Vancouver Public Library Board’s jurisdiction, and Library staff are not responsible for the enforcement of immigration law and are not permitted to disclose personal information as a general rule except in accordance with the law. These exceptions could include a court order, subpoena, or other legally binding requirements.

• Code of Conduct
• Inclusive Library Services
• Protection of Privacy