Precisely. I have active cases where, for example, unfortunately the person in the Indian subcontinent passed away, leaving a wife. The late husband's family here in Vancouver wanted the brother to marry the husband's spouse and it was blocked as a marriage of convenience. Nevertheless, over the years it was a genuine marriage. However, because of the rules—the evidentiary rules as well as the regulations—the immigration appeal division simply did not have jurisdiction to consider compassionate and humanitarian grounds.
You're faced with an evidentiary bar that rises to the level of a statutory bar, so it's up to Parliament to expressly provide the IAD with jurisdiction to consider H and C. Arbitrarily, I'm setting it at five years following an IAD determination of marriage of convenience. Keep Canada's compassionate door open in deserving cases.