H&C Humanitarian Ground with/or Without Failed refugee claim

[need-aip]

I never thought this bill would also target permanent residents…
I honestly don’t think that’s the case, because the Charter explicitly protects the rights of permanent residents in Canada, and it would be illogical to strip them of their status for so-called public interest reasons, unless there are extremely serious grounds related to criminality or fraud.
But taking away someone’s permanent residency just because Canada wants to reduce the number of permanent residents would be purely unconstitutional.
Saying that is almost like saying Canada wants to revoke citizenship from naturalized citizens simply because there are too many of them… (well, it’s not exactly the same thing, but almost).
I feel like we’re all trying to interpret this bill when it’s not even clear yet… and we’re starting to imagine consequences that sound more like something out of a totalitarian regime at this point.

https://cila.co/bill-c-12-introduce...ation-law-under-the-guise-of-border-security/

 

[canuck78]

I never thought this bill would also target permanent residents…
I honestly don’t think that’s the case, because the Charter explicitly protects the rights of permanent residents in Canada, and it would be illogical to strip them of their status for so-called public interest reasons, unless there are extremely serious grounds related to criminality or fraud.
But taking away someone’s permanent residency just because Canada wants to reduce the number of permanent residents would be purely unconstitutional.
Saying that is almost like saying Canada wants to revoke citizenship from naturalized citizens simply because there are too many of them… (well, it’s not exactly the same thing, but almost).
I feel like we’re all trying to interpret this bill when it’s not even clear yet… and we’re starting to imagine consequences that sound more like something out of a totalitarian regime at this point.

Wouldn’t expect PRs who have no criminal record and who have followed their residency requirements to be a target. This is really to target things like criminals or perhaps even to cancel PRs for people who have been outside Canada longterm, never settled in Canada, etc.

 

[Nik1983]

Would add that suing the government likely remains an option for people if H&C gets cancelled. Can’t guarantee what costs would be, how long it may take, what the chance of success would be and that CBSA wouldn’t remove you during the case. Something to discuss with a lawyer if bill c-12 is made law.

Since 10 years and above, reflects the significant backlog and resource limitations across several PR streams. IRCC appears to be extending these timelines for H&C partly to manage intake volumes and reduce the number of federal court (mandamus) challenges related to delay. I believe there wont be an option to sue the government if your application move past those years.

 

[iSaidGoodDay]

@Jonathan1988 <- new account of our troll.

 

[iSaidGoodDay]

Wouldn’t expect PRs who have no criminal record and who have followed their residency requirements to be a target. This is really to target things like criminals or perhaps even to cancel PRs for people who have been outside Canada longterm, never settled in Canada, etc.

100%! Given that PRs from economic streams have been bringing in far far higher revenue to Canada, it would be anything but logical to cancel PR status without criminality or failure to meet RO. I remember the data from 2022 where PRs on an avg earned $30k/yr more than citizens (lots of factors there: age, average instead of median, etc - but the logic still stands). Removing them is like removing a chunk of revenue.

With that being said, if that happens, well that's our bad luck. It would suck, this is home here and we love it. Unlikely it will happen though.

 

[canuck78]

100%! Given that PRs from economic streams have been bringing in far far higher revenue to Canada, it would be anything but logical to cancel PR status without criminality or failure to meet RO. I remember the data from 2022 where PRs on an avg earned $30k/yr more than citizens (lots of factors there: age, average instead of median, etc - but the logic still stands). Removing them is like removing a chunk of revenue.

With that being said, if that happens, well that's our bad luck. It would suck, this is home here and we love it. Unlikely it will happen though.

Was actually referring to any type of PR. Also should have included PRs or even citizens who have obtained PR as a result of fraud. This was always the case but would be easier under c-12.

 

[canuck78]

Since 10 years and above, reflects the significant backlog and resource limitations across several PR streams. IRCC appears to be extending these timelines for H&C partly to manage intake volumes and reduce the number of federal court (mandamus) challenges related to delay. I believe there wont be an option to sue the government if your application move past those years.

There are very few programs that have such long processing times. The longer processing times have nothing to do with Mandamus. It is literally a pure math calculation based on quota and number of applicants. Was suggesting that people have the option to sue the government if it cancels H&C. You’d likely have to attempt to show your application should have been processed. Not a lawyer so what grounds you may have also depends on the specifics of your case. This would not be an inexpensive or a quick process. You may get removed before you get a response or would have to live without status which may be very difficult. If cancelled speak to some reputable lawyers.

 

[iSaidGoodDay]

Was actually referring to any type of PR. Also should have included PRs or even citizens who have obtained PR as a result of fraud. This was always the case but would be easier under c-12.

If they include fraud PRs who later became citizens, I'm afraid, the number is in hundreds of thousands and that'll be a backlog of a decade for removal

 

[canuck78]

If they include fraud PRs who later became citizens, I'm afraid, the number is in hundreds of thousands and that'll be a backlog of a decade for removal

Fraud typically has to be severe for citizens to go through the cessation process. For example using fake identities, not disclosing other citizenships, etc.

 

[Buletruck]

Fraud typically has to be severe for citizens to go through the cessation process. For example using fake identities, not disclosing other citizenships, etc.

Misrepresentation comes to mind...