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Immigration Rules tighten for Violent Offenders

rjessome

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http://www.cbc.ca/news/politics/story/2011/11/23/pol-immigration-abuse.html

Immigration rules tightened for violent offenders
By Louise Elliott, CBC News
Posted: Nov 23, 2011 3:58 PM ET

The government is expanding the list of crimes that would prevent someone from sponsoring a family member to immigrate to Canada, a move the immigration minister says is designed to better protect immigrant women.
According to new regulations that take effect Wednesday, anyone convicted of a crime resulting in bodily harm to any person will not be allowed to sponsor family members to come to Canada. And they would be blocked from doing so for at least five years following the completion of their sentence.

Before the changes, sponsorship applications were rejected if an individual had caused bodily harm to certain family members. Now, a conviction for any violent crime will prevent people from sponsoring their relatives.

'We want to make the law work for advocates against domestic violence in the immigrant communities'—Immigration Minister Jason Kenney
Commenting on the changes, Kenney said they were spurred by a 2008 Federal Court ruling in the case of Baljinder Singh Brar, a Canadian convicted in India of killing his first wife's sister by setting her on fire.

The court ruled he could sponsor his new wife to come to Canada.

"There was no ground in our law to deny that spousal sponsorship," Kenney said. "So we're changing the law...this is to protect vulnerable immigrant women in particular from abusive husbands."

Kenney added the change will help those who advocate against domestic abuse of immigrant women.

"It's a very sensitive issue," he said. "We want to make the law work for advocates against domestic violence in the immigrant communities. And this is one way of doing so. To bar the ability of Canadian residents or citizens to sponsor foreign spouses if they have a conviction for a violent offense."

The changes, which take effect today, were made through the regulations accompanying the Immigration and Refugee Protection Act and do not require a vote in the House of Commons.
 

BettyPage

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A step in the right direction. Now a law to revoke their PR status and send them back to their home country or to Antarctica, whichever is more unpleasant.
 

rjessome

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Sponsorship Bar for Violent Crime

Summary

Amendments to paragraph 133(1)(e) of the Immigration and Refugee Protection Regulations (the Regulations) came into force on November 18, 2011. This regulation prevents a person from sponsoring a member of the family class if they have been convicted of certain offences.

The objectives of these amendments are to:
a.strengthen the original intent of paragraph 133(1)(e) of the Regulations, namely, to assist in the protection of foreign nationals from family violence;
b.reinforce the integrity of the sponsorship program by barring sponsorship in cases where the sponsor is at risk for perpetuating abuse or has committed a serious criminal offence; and
c.further support the objectives of the Immigration and Refugee Protection Act to protect the health and safety of Canadians.

Background

This regulation is intended to prevent family violence from occurring against sponsored persons. A Federal Court decision (CIC v. Brar, 2008 FC 1285) highlighted a gap in this regulation. In this decision, a man convicted of killing his brother’s wife was allowed to sponsor his own wife, as it was determined that a sister-in-law, who is the wife of the sponsor’s brother, did not meet the definition of relative or family member in the Regulations. An amendment to the regulation has been made in order to expand the listed family relationships for the sponsorship bar to close gaps such as the one identified in the Brar case.

The Brar case also highlighted the fact that individuals who commit particularly violent offences against persons other than members of their family are not currently barred from sponsorship. As such, the regulation has been amended to prevent these individuals from sponsoring a member of the family class.

Amended Provisions

For the purposes of determining sponsorship eligibility, Citizenship and Immigration Canada (CIC) has amended paragraph 133(1)(e) of the Regulations in order to:
•Provide that anyone convicted of an indictable offence involving the use of violence punishable by a maximum term of imprisonment of at least 10 years or an attempt to commit such an offence be barred from sponsorship.
•Provide that anyone convicted of an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons be barred from sponsorship: a.a current or former family member of the sponsor,
b.a relative of the sponsor, as well as a current or former family member of that relative,
c.a relative of the family member of the sponsor, or a current or former family member of that relative,
d.a current or former conjugal partner of the sponsor,
e.a current or former family member of a family member or conjugal partner of the sponsor,
f.a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,
g.a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,
h.a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or
i.someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person.


The bar for those convicted of an offence of a sexual nature and the exceptions under subsections 133(2) and 133(3) will still apply. Subsection 133(2) allows sponsorship to proceed when the conviction occurred in Canada and the individual has received a pardon, has been acquitted or where five years have elapsed since the completion of the imposed sentence. Subsection 133(3) allows sponsorship to proceed when the conviction occurred outside Canada and the individual has been acquitted, or where five years have elapsed since the completion of the imposed sentence, and the sponsor has demonstrated that they are rehabilitated.

Instructions

CIC and Canada Border Services Agency (CBSA) officers must commence applying the new provision on the day in which it entered into force. Therefore, effective November 18, 2011, CIC and CBSA officers must apply the new provision to all new applications, all applications in process for which a final decision has not yet been rendered and all new and pending appeals before the Immigration Appeal Division.

The following table gives examples of the relationships covered by the amended bar which would prevent potential sponsors who have been convicted of an offence causing bodily harm from sponsoring.


Amended Provision

Examples of Relationships

a. current or former family member of the sponsor;

•the spouse or common-law partner of the sponsor and their children
•the ex-spouse or common-law partner of the sponsor and their children
•the children of the sponsor

b. a relative of the sponsor, as well as a current or former family member of that relative;

•the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor
•the spouse or common-law partner and children of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor
•the ex-spouse or ex-common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor

c. a relative of the family member of the sponsor, or a current or former family member of that relative;

•the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children
•the spouse or common-law partner and children of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children
•the ex-spouse or ex-common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children

d. a current or former conjugal partner of the sponsor;

•the conjugal partner of the sponsor
•the ex-conjugal partner of the sponsor

e. a current or former family member of a family member or conjugal partner of the sponsor;

•the spouse or common-law partner or children of the sponsor’s child
•the ex-spouse or common-law partner and children of the sponsor’s spouse, partner or child

f. a relative of a conjugal partner of the sponsor, or a current or former family member of that relative;

•the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner
•the spouse/common-law partner (and their children)of the, parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner
•the ex-spouse/common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner

g. a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner;

•a foster child who is or was cared for by the sponsor, their spouse/partner, ex-spouse/partner or children

h. a child under the current or former care and control of a relative of the sponsor or a current or former family member or conjugal partner of that relative; or

•a foster child who is or was cared for by the parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin of the sponsor a foster child who is or was cared for by the spouse/partner or ex-spouse/partner (and their children) of the parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin of the sponsor

i. someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person.

•current or ex-boyfriend/girlfriend, their spouse or common-law partner and their dependent children


Note: “partner” includes common-law and conjugal partners

Amendments

Section 133 of the Regulations now reads as follows:

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

Paragraph 133(1)(e) of the Regulations is amended by striking out “or” at the end of subparagraph (i) and by adding the following after that subparagraph:

(e) has not been convicted under the Criminal Code of
(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,
(i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person,

or

(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons, namely, A. a relative of the sponsor, including a dependent child or other family member of the sponsor,
B.a relative of the sponsor's spouse or of the sponsor's common-law partner, including a dependent child or other family member of the sponsor's spouse or of the sponsor's common-law partner, or
C.the conjugal partner of the sponsor or a relative of that conjugal partner, including a dependent child or other family member of that conjugal partner;


(2) Subparagraph 133(1)(e)(ii) of the Regulations is replaced by the following:
(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons: a.a current or former family member of the sponsor,
b.(b) a relative of the sponsor, as well as a current or former family member of that relative,
c.a relative of the family member of the sponsor, or a current or former family member of that relative,
d.a current or former conjugal partner of the sponsor,
e.a current or former family member of a family member or conjugal partner of the sponsor,
f.a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,
g.a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,
h.a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or
i.someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person.


List of Offences

Below is a non-exhaustive list of Criminal Code offences that carry a maximum sentence of 10 years and would be captured by this bar if they involved violence:



Section

Criminal Code Offence



76 - Hijacking

81- Using explosives

85 - Use of a firearm or imitation during commission of offence

220 - Criminal negligence causing death

229 - Murder

230 - Murder in commission of offences

236 - Manslaughter

238 - Killing unborn child in act of birth

239 - Attempt to commit murder

240 - Accessory after fact to murder

241 - Counselling or Aiding Suicide

244 - Discharging firearm with intent

244.1 - Causing bodily harm with intent - air gun or pistol

244.2 - Discharging firearm - recklessness

245 - Administering noxious thing – bodily harm

246 - Overcoming resistance to commission of offence

247 - Sets trap - causes death

249 - Dangerous operation of a vessel/vehicle/ aircraft causing death

249.1 - Flight causing bodily harm or death

268 - Aggravated assault

269.1 - Torture

270.02 - Aggravated assault peace officer

279.01 - Trafficking in persons

279.011 - Trafficking in persons under the age of 18 years

279.1 - Hostage taking

287 - Procuring miscarriage

343 - Robbery

434 - Arson


Further information

The following Operational Manuals will be updated:
•IP 2 – Processing Applications to Sponsor Members of the Family Class
•IP 8 – Spouse and Common-law partner in Canada Class
•OP 2 – Processing Members of the Family Class
 

rjessome

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Now I wonder how many sponsors will no longer be eligible due to criminality.
 

Harju

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A step in the right direction. Now a law to revoke their PR status and send them back to their home country or to Antarctica,
A PR can be deported. This person was a Canadian citizen when he and his brother murdered his sister-in-law (i.e. his brother's wife). He served seven years in India then was deported to Canada. He could not be banned from sponsorship because 1) he is a citizen and 2) he murdered his sister-in-law, who was not his blood relative or spouse.
 

cndcit

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So if a family member of a sponsor has a criminal record,the sponsor will not be allowed to sponsor his/her spouse? That is like punishing the whole family because of one family members bad choice. I have cousins with DUI's so I guess I'm screwed!!!
 

sidkrose

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^ think you read something wrong there. Read again :p
 

Love_Young

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It really seems that CIC is starting to get on the right track here. I am proud of that. Keep up the good work CIC.
 

Marco2011

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@BettyPage
@cndcit

: Read again

Good rules, love it!
 

Stumpedmom

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Love_Young said:
It really seems that CIC is starting to get on the right track here. I am proud of that. Keep up the good work CIC.
I agree...maybe they are really serious about these issues...and improving the image of immigrants...would be nice....
 

rjessome

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Stumpedmom said:
I agree...maybe they are really serious about these issues...and improving the image of immigrants...would be nice....
This law is about sponsors. Not all sponsors are immigrants.
 

Stumpedmom

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I get that...but I have found that many people interpret articles like that, that they are going to be limiting who comes. I understand this is aimed towards the sponsors, and I think it is a good move to protect the vulnerable who will have no family support here.

I have really found doing what I was recently, that if people see anything to make the process stricter, whether it be for the sponsor or the PA, they see a more positive image of the immigration process and immigrants in general...
 

rjessome

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Stumpedmom said:
I get that...but I have found that many people interpret articles like that, that they are going to be limiting who comes. I understand this is aimed towards the sponsors, and I think it is a good move to protect the vulnerable who will have no family support here.

I have really found doing what I was recently, that if people see anything to make the process stricter, whether it be for the sponsor or the PA, they see a more positive image of the immigration process and immigrants in general...
The truth is that most of the general Canadian public knows nothing about immigration and they "assume" that only immigrants sponsor immigrants. To change that perception would take a HUGE effort in education but that's not going to happen. Sad but true.
 

Love_Young

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rjessome said:
The truth is that most of the general Canadian public knows nothing about immigration and they "assume" that only immigrants sponsor immigrants. To change that perception would take a HUGE effort in education but that's not going to happen. Sad but true.
I agree with this. I often get asked (after they find out I am an immigrant), "where is your husband from?" and then they looked shocked when I say "from here". And the silliest question I got a few days ago from a co-worker was, "so you are actually married, married right?" ::) What in the world is that supposed to mean? Of course we are, we love each other.

Education about accurate facts with the immigration system to the actual public would be really great. Sadly I don't see that happening anytime soon. I also think the lack of people knowing about the immigration system/process made me feel even more alone during the process. Every conversation involved a 10 minute explanation of why we were doing what we are doing and why their idea of what it is isn't right. I hope CIC will also come to working on this a bit better as well. One step at a time I guess...

P.S. I try not to let it bother me or let it slide when they say I am a Canadian citizen but ugh it gripes me under my skin. Then goes the 10 minute convo all over again, it never ends. :-X
 

Baloo

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rjessome said:
The truth is that most of the general Canadian public knows nothing about immigration and they "assume" that only immigrants sponsor immigrants. To change that perception would take a HUGE effort in education but that's not going to happen. Sad but true.

You are so right.