- There is considerable discontent with the current decision-making process with regards to humanitarian and compassionate considerations inside Canada and the lack of respect for fundamental family rights or significant establishment in Canada;
- There is great concern that the criteria of the best interest of the child is not being applied in a liberal and just fashion in humanitarian decisions by CIC decision-makers.
Therefore be it resolved
That the CCR request that:
- The criteria for deciding on humanitarian and compassionate requests in the IP-5 Manual be modified to read “unusual and undeserved hardship” with the addition of “or sufficient family ties.”
- The departmental police and guidelines be modified so that, in the absence of significant countervailing factors, the following categories will benefit from a favourable presumption in analysis of humanitarian applications:
a) Married couples with a valid relationship will not be separated by removal during the processing of the permanent residence.
b) Applicants with Canadian children will be generally accepted for permanent residence in Canada.
c) Applicants with over five years in Canada of continuous presence are generally allowed to stay in Canada.
d) Applicants with children who have become culturally acclimated to Canada and have over three years Canadian schooling should generally be accepted for residence.> e) Applicants whose removal would create significant disruption to a Canadian employer or to other Canadian employees should warrant humanitarian considerations.
f) Torture or rape victims should not normally be sent back to the country where they suffered rape or torture. Serious risk of re-traumatisation must be an important humanitarian concern.