Best interests of the child and deportation of a parent

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Resolution number: 
29
November 2003
Whereas: 
  1. The UN Committee on the Rights of the Child has noted with concern in its recent report on Canada that the "best interests" principle as a primary consideration in all decisions affecting children is not being observed by administrative and judicial authorities in many areas, including in decisions on deportation;
  2. The CCR adopted a resolution in November 2002 calling for guidelines on the best interests of the child;
Therefore be it resolved: 

That the CCR call upon the Minister of Citizenship and Immigration to develop guidelines for his officers to ensure that the best interests of children affected by a deportation decision are given "primary consideration" as required by the UN Convention on the Rights of the Child and that, for greater certainty, on public policy grounds, there is a presumption that deportation of the parent of a minor child in Canada would not be in the child's best interest.

Subject: 
Working Group: 
Inland Protection