After hours of debate and several defeated amendments, General Assembly agreed congregations can offer sanctuary to an asylum seeker whose claim for refugee status has been rejected and who faces a risk of persecution if returned to his/her country of origin. While making a decision, a congregation should consider the following steps: 1. have an independent review of the evidence provided by the asylum seeker that confirms the risk; 2. have exhausted all of the legal and political resources as outlined in the statement from Justice Ministries; 3. have followed the decision-making procedures of The Presbyterian Church in Canada. The assembly also decided that Justice Ministries will prepare guidelines for a congregation to consider as it discerns the implications of offering sanctuary.
“The decision to offer sanctuary will be a difficult decision,” concluded the report from Justice Ministries. “The duty to protect may take precedence over the law if the individual is at risk of persecution.”
During the lengthy discussions, commissioners argued whether or not the church should follow the law, or risk legal recourse and be loyal to Jesus Christ and his admonitions for social justice, love and compassion.
Rev. Elias Morales, minister at North Park, Toronto, a Spanish-speaking congregation that works closely with refuges, was passionate about this topic. “I came to Canada as a refugee,” he said. “I was incarcerated three times back home and tortured. Life should not be measured by legalities.”
Roger Sage, Presbytery of St. John, referred to The Book of Forms' document, Declaration of Faith Concerning Church and Nation, which says the church should follow the laws of the land, but when there is a conflict, we are to follow our Lord.
The concept of sanctuary dates back to the Old Testament, and was formally sanctioned in 1951 by the United Nations. Canada ratified the convention in 1965. Today's laws fall under the Immigration and Refugee Protection Act, created in 2002.
The problem came to the forefront in June 2004, when then-Minister of Immigration, the Hon. Judy Sgro, criticized churches that were providing sanctuary. Church leaders met with Sgro, arguing that there would be fewer refugees in sanctuary if an appeal process was in practice. Sgro declined to make the change.
Following this, an appeal was launched by KAIROS, a social justice agency supported by the Presbyterian Church. It garnered 25,000 signatures and was presented in the House of Commons in spring 2005. The government again denied the need for a merit-based appeal process, saying there are other measures a claimant can take if his or her claim is rejected.
Session is responsible for deciding to offer sanctuary, but presbytery can veto the decision if it will cause division and strife in the congregation – AM with files from Justice Ministries
