Humanitarian Admissions

1
Humanitarian Admissions

• objectives of these provisions
• discretionary decision-making
• legislative review comments
• relationship with refugee admissions

2
key sections of IRPA

• s. 12 humanitarian tradition
• s. 25 centrepiece
• - on request or ministerial initiative
• - best interests of a child or public policy
• sections related to the IRBs jurisdiction
• stay of removal regulatory provision

3
What do humanitarianism and compassion mean?

• Chirwa 1970 Fed Ct
• .those facts that would excite in a reasonable
  person in a civilized community a desire to
  relieve the misfortunes of another
• Policy Manual
• unusual, excessive or undeserved hardship due to
  circumstances beyond your control

4
Baker v Canada SCC 1999

• Charter arguments?
• international law?
• procedural fairness held that there is a duty of
  fairness
• issues legitimate expectations, participation,
  reasons, perceived bias
• certified question not constraining
• held apprehended bias (delegation), unreasonable
  exercise of discretion (std of review)
• H C values must be central, childrens rights
  and interests are key
• unimplemented IL and contextual statutory interp

5
Hawthorne v Canada FCA 2002

• applying Baker
• best interests important but not determinative
• court is not to reweigh factors taken into
  account in an HC decision
• evidence which the officer finds missing
• alert, alive and sensitive to childs b.i., not
  dismissive
• must reason from best interests, not from degree
  of hardship or harm