Glossary - Refugee Law
In Immigration Law, Refugee Law
Sometimes people can apply to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent resident status based on what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for and want to help the person making the application. For example, a reason people often use is that they would face hardship if they had to return to their home country. They also explain that they’re established in Canada and have created a life here.
Another important factor is whether a child would be directly affected if the applicant had to return to their home country. This is because IRCC must consider what’s in the child’s best interests. It does not have to be the applicant’s child.
In Immigration Law, Refugee Law, Making a refugee claim, Making a claim, Separating or joining claims
Sometimes people can ask for an exception to immigration rules because they have what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for the person making the application or a child they’re close to. The reasons often include hardship that they would face if they had to return to their home country and how established they are in Canada. The situation makes others want to help them.
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
