Bill C-440
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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 Commons
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Public Works and Government Services Canada