Criminality

Criminality and Double Punishment

Resolution number
1
Whereas
  1. Some people commit crimes in Canada. Those who are citizens have one punishment. Those who are permanent residents or protected persons face additional punishments, including:
  • criminal inadmissibility (with or without a right of appeal);
  • loss of permanent resident status and deportation;
  • prohibition on applying for citizenship for a certain period of time.
  1.  People who arrived in Canada as minors, people from racialized communities, and persons living with mental health issues, and who never obtained citizenship, are disproportionately affected by this differential treatment, and may face deportation despite having lived in Canada for most of their lives; 
  2. Discretionary relief on humanitarian and compassionate grounds, while important, is not an adequate remedy;
Therefore be it resolved

that the CCR take the position that criminal inadmissibility should not apply to permanent residents and protected persons in Canada who have lived in Canada for at least three of the past five years. 

Working Group
Immigration and Settlement
Subject
Criminality
Permanent residence

Access to an appeal on humanitarian grounds (criminality cases)

Resolution number
4
Whereas
  1. Permanent residents who are found to be inadmissible on grounds of serious criminality or organized crime are denied access to the Immigration Appeal Division;
  2. Convention refugees in Canada can be removed for reasons of serious criminality if there is a danger opinion against them;
Therefore be it resolved

That the CCR call for refugees and permanent residents facing removal on the basis of serious criminality or organized crime to have access to the IAD for consideration of humanitarian and compassionate factors.

Working Group
Inland Protection
Subject
H&C
Criminality

Fair removal process

Resolution number
17
Whereas
  1. The IRPA eliminates the right to a hearing before the IRB for anyone who is sentenced to two years or more in jail for a crime committed in Canada, regardless of his or her personal circumstances;
  2. The diversity of circumstances of those affected by this provision encompasses cases where compassion and equity should be extended;
Therefore be it resolved

That the CCR:

  1. Solicit statements and submissions from those affected by this policy both through member agencies and the community at large;
  2. Advocate for the creation of an equitable power in a decision-maker independent of CIC to make a determination as to the propriety of removal from Canada of refugees and permanent residents.
Working Group
Inland Protection
Subject
Criminality
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