Access to H&C

Resolution number: 
2
November 2019
Whereas: 
  1. In the midst of the largest refugee crisis in history, conditions in countries of origin around the world are ever fluid and can change within a matter of days; 
  2. Conditions in countries of origin which may not amount to persecution may still place individuals in severe hardship (for example, climate-related catastrophes); 
  3. H&C applications are the only applications for permanent residence in Canada in which the best interests of the child must be taken into account;
  4. Canada has a legal obligation under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to provide effective remedies to ensure the respect of these rights;
  5. Persons who may face severe hardships in their countries of origin are barred from accessing H&C applications for one year following the final determination of their refugee claim; and
  6. Delays in processing of H&C applications are leading to more people, including families and children, being removed from Canada prior to consideration of the best interests of the child and other humanitarian and compassionate factors raised by their cases;
Therefore be it resolved: 

that the CCR call for people seeking protection in Canada to have access to humanitarian and compassionate considerations at any stage of their legal process following arrival in Canada, and in any event prior to removal.

Subject: 
Working Group: 
Inland Protection