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Glossary

protected person

In Immigration Law, Income Assistance, Refugee Law

A protected person is someone who:

Most people who have a successful Pre-Removal Risk Assessment are also protected persons. But this is not true if they’re inadmissible to Canada for certain reasons, for example, they’re considered a security risk. In that situation, they’re not ordered to leave Canada, but Canada Border Services Agency can review the decision to let them remain in Canada.

record suspension

In Criminal Law, Employment and Work, Human Rights, Refugee Law

A record suspension used to be called a pardon. If you have a criminal record, you may be able to apply to the Parole Board of Canada for a record suspension. If you get a record suspension, your criminal record is not erased. But it is set aside and you can say you do not have one.

There are rules about how long you have to wait to apply and what you need to show for your application to be successful.

Refugee Appeal Division

In Refugee Law

The Refugee Appeal Division (RAD) decides if decisions that the Refugee Protection Division (RPD) made on refugee claims should be changed. The RAD is part of the Immigration and Refugee Board (IRB).

Refugee Protection Division

In Refugee Law

The Refugee Protection Division (RPD) holds refugee hearings to decide whether refugee claimants are Convention refugees or persons in need of protection. The RPD is part of the Immigration and Refugee Board (IRB).
removal order

In Immigration Law, Refugee Law

A removal order says that a person must leave Canada. There are 3 types of removal orders:

sentence

In Abuse and Family Violence, Criminal Law, Family Law, Immigration Law, Refugee Law

A sentence is a punishment given to someone found guilty of an offence. A sentence for an adult can include jail time, but it does not have to. A sentence can also include a fine or a period of probation. Sentences for youth are different.

sponsorship undertaking

In Immigration Law, Income Assistance, Refugee Law

A sponsorship undertaking refers to the period of time when a sponsor is financially responsible for the person they sponsor. It starts on the day the sponsored person becomes a permanent resident and ranges from 3 to 20 years, depending on the family class category the person was sponsored under.

spouse

In Immigration Law, Refugee Law

Your spouse is someone who you’re legally married to. You must have both been physically present at the wedding.

stateless

In Refugee Law

A stateless person is not a citizen of any country.
summary offence

In Criminal Law, Refugee Law

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:

  1. 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 $5,000 fine, or both.
  2. 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.