We find that equally baffling. The idea that you could not include what we call section 96 or section 97 factors--in other words, the refugee definition, section 96 of the law, or cruel and unusual punishment or torture, section 97--that you could not invoke them on an H and C, we just cannot understand that at all.
As was pointed out in much greater length in the brief of the Canadian Council for Refugees, the dividing line between, say, discrimination, which is a hardship, and persecution is almost impossible to draw. We just cannot see how in practice you can have an H and C in which you can't talk about factors that could also be considered persecution or risk to life. We just don't understand what this bill is getting at with that.