Citizenship and Immigration committee  I don't know exactly what his analysis is based on. I can read the Criminal Code, like anybody else, and see that the examples I gave could lead to a six-month sentence. Again, we could debate how serious break and enter into a neighbour's house to steal some booze is, but I th

Citizenship and Immigration committee  Well, I have to confess, no. We didn't come here primarily to talk about the criminal aspects, but we are happy to talk about them, because we have some experience. I think the point is absolutely well taken. It's not too much to ask foreigners, foreign nationals to come here and

Citizenship and Immigration committee  I was under the impression that the U.S. or the U.K. uses a one-year threshold. We would be going to six months. Again, I'm not claiming to be the world's expert on this. We just think it's a question of proportionality. On this issue of whether judges are prepared to look at im

Citizenship and Immigration committee  In this case it was a break and enter, a crime that is punishable by 10 years or more. Although he was a refugee, it was extremely unlikely he could be deported because he didn't seem to be a danger to the public and, in fact, had mental health problems. CBSA chose to take deport

Citizenship and Immigration committee  It is very clear that they are not intentional in some cases. It may be made by a consultant or perhaps even by a family member. It can happen in situations that we can call humanitarian. Let me give you a concrete example. A young Congolese woman was raped in that country when

Citizenship and Immigration committee  I don't think these changes are necessary because we already have a rule that says if you have a two-year prison sentence you don't have a right to an appeal. It seems to me the ones that we're going after here are the less serious criminal offenders.

Citizenship and Immigration committee  Please read very carefully the sections that we cite at footnote 5. She is caught by proposed paragraph 35(1)(a). The proposed subsections that you just mentioned do not apply to proposed paragraph 35(1)(a). She cannot ask for ministerial relief. Persons who are excluded from pro

Citizenship and Immigration committee  She was denied refugee status, as we explained, because of a very low-level involvement in a multi-faceted opposition movement, which we—

Citizenship and Immigration committee  Okay. Let's agree with what you said so far. The point we're making is that person with her profile was at least allowed to make a humanitarian application and is still allowed today, but would not be if Bill C-43 is adopted.

Citizenship and Immigration committee  Sorry.

Citizenship and Immigration committee  I don't understand why you're saying that because you don't like the rules, those are the rules. We're talking about a change in the rules. We're talking about Bill C-43 changing the rules so that someone like Salma can't apply on humanitarian grounds. That's what we're talking a

Citizenship and Immigration committee  She does. This legislation does many things. One of the things it does is it takes away the right to apply on H and C grounds for permanent residence of people who are excluded under section 35. As it's explained in our brief, by being excluded from refugee protection under art

Citizenship and Immigration committee  No, this takes that right away.

Citizenship and Immigration committee  I am in full agreement with that person. I know that we are not here to talk about the refugee status determination system, but, time and time again, we are presented with the fact that it sometimes takes 40 or 50 months to deport someone who has been denied asylum. My personal e

Citizenship and Immigration committee  That's correct, absolutely. We're talking about two very different situations in our brief. One is people who are asking for refugee status and are excluded under what we feel are overly broad exclusion provisions. We feel that they should have access to humanitarian consideratio