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Citizenship and Immigration committee  You're going to say, and you're right, there is humanitarian discretion, but not for security-related or organized criminality, the street gang things. There won't be any humanitarian discretion for those cases, but there is for the criminals. What David's trying to point out is

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  It's probably not a majority, but it's a significant number.

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  Well, that's a very fine line. You can have people who are convicted because they didn't raise the mental health issue in the criminal trial. That happens quite a lot, because they don't want to end up in an institution for mental health problems instead of getting six months in

November 5th, 2012Committee meeting

Barbara Jackman

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  It could be an indefinite sentence. These guys aren't immigration lawyers. They're criminal defence counsel, and they don't plead. They don't raise it a lot of times.

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  In regard to the three-year ban for public policy reasons, the legislation allows the minister to ban people for real reasons, not for vague reasons like public policy. I don't know how it would be applied, but having seen the way legislation gets applied in practice over time, i

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  Taking away the humanitarian discretion for persons who are barred under sections 34, 35, and 37, taking away the appeal right may in some circumstances be seen to violate the charter, and they can violate it both in respect of section 7 issues around risk and section 7 in relati

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  These people aren't infamous throughout the country.

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  I'll give you one example of a misrepresentation, and in fact it is quite a common example. People don't fill forms out carefully, so they will put on their form that they studied until April 2006 and their educational certificate will show that they studied until September 2006.

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  With respect to the ones who came as children, I know that the European court's premise was that it's essentially like exile or banishment. If your home, your community, your family is in one country and that's the only life you know, then to send you away as an adult when everyt

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  No, at a minimum, if it's not.... I mean, I think they should be allowed to remain. I have seen too many cases of people who came at six months, two years, or five years, and who don't know the country they came from. I don't think those people should ever be deported. I think

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  I think one way of doing it is by fast-tracking for appeals people who are considered to be dangerous. The other thing is that the really serious criminals don't get appeals. They're already cut out if they have more than two years....

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  You need to carve out people who are mentally ill and people who've come here as children. If you're going to leave in this kind of provision, there should be exceptions for the board to look at cases in which someone is suffering from a mental illness or someone came as a child.

November 5th, 2012Committee meeting

Barbara Jackman

November 5th, 2012Committee meeting

Barbara Jackman

Citizenship and Immigration committee  You know, people who are involved in drug trafficking and organized crime already don't get appeals to the immigration appeal division. They're already cut out through the two-year bar or the organized criminality bar. There are no appeals in those cases, so you're talking about

November 5th, 2012Committee meeting

Barbara Jackman