Refugee worker arrested at Canadian border

The recent arrest of a U.S. humanitarian worker entering Canada with 12 Haitian asylum seekers has serious implications for church groups and organizations that help refugees, says Mennonite Central Committee (MCC).

Janet Hinshaw-Thomas, director of PRIME – Ecumenical Commitment to Refugees was arrested Sept. 26 at the Lacolle border crossing into Quebec and faces charges of aiding and abetting asylum seekers.

Ed Wiebe, refugee program coordinator for MCC Canada, said Hinshaw-Thomas made Canadian history because she is the first humanitarian worker arrested under a section in Canadian legislation that is intended to deter criminal gangs from smuggling people.

“Why did the government of Canada allow this to happen?” asked Wiebe. “The law was never intended to be used against humanitarian personnel.”

“If they can arrest her, they can arrest anyone,” he said, noting that MCC is joining other groups to support efforts that ensure legal protection for refugee workers and advocates.

Section 117 of the Immigration and Refugee Protection Act passed in June 2002 states “No person shall knowingly organize, induce, aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by this Act.”

During parliamentary debate, government officials had assured members of parliament that charges laid under section 117 would require the consent of the attorney general of Canada as a safeguard against prosecution of persons assisting refugees on humanitarian motives.

“We are deeply concerned that this provision is now being applied to a faith-based refugee worker,” said Wiebe. “While we deplore the smuggling of human beings in all forms, this is not smuggling,” he said, explaining numerous organizations based in the U.S. and Canada have been bringing refugees to the border in cooperation with the border services agency.

Apparently, Hinshaw-Thomas had forewarned the border service agency that she was arriving at the border with seven children and five adults, said Wiebe.

“She was bringing these people to the attention of the border officials – she was helping them go through the legal processes to gain legal entry into Canada,” he added.

Wiebe said the 12 Haitians have not been sent back to the U.S. but are now legally in Canada awaiting a refugee hearing.

Hinshaw-Thomas was detained for 24 hours and her rental van and cell phone were seized. She will appear in court November 30 for procedural hearings.

—Gladys Terichow for MCC