C-440
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-440
An Act to amend the Immigration and Refugee Protection Act (war resisters)
first reading, September 17, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Kennedy
402244
SUMMARY
This enactment allows foreign nationals who, based on a moral, political or religious objection, left the armed forces of another country to avoid participating in an armed conflict not sanctioned by the United Nations or refused compulsory military service for that reason, and who are in Canada, to remain in this country through humanitarian and compassionate consideration.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-440
An Act to amend the Immigration and Refugee Protection Act (war resisters)
2001, c. 27
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 25 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
War resisters
(1.1) A foreign national in Canada shall be deemed to be in a situation in which humanitarian and compassionate considerations justify the granting of permanent resident status to that foreign national — and his or her immediate family — or shall be exempted by the Minister from any legal obligation applicable to that foreign national — or his or her immediate family — that would prevent them from being allowed to remain in Canada, if that foreign national
(a) left the armed forces of his or her former country of habitual residence or refused obligatory military service in that country because of a moral, political or religious objection to avoid participating in an armed conflict not sanctioned by the United Nations;
(b) is subject to stop-loss orders to report for active duty; or
(c) upon return to the former country of his or her habitual residence, could be compelled to return to service.
2. Section 50 of the Act is amended by adding the following after paragraph (a):
(a.1) until a decision is made on the permanent resident status of the foreign national referred to in subsection 25(1.1) and his or her immediate family;
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada