Revoke America's 3rd party safe country status in Canada!

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For the last year my partner and I have been fighting against the Canadian Immigration Center for my spouse to have her refugee claim approved.  She has suffered numerous amounts of danger and mistreatment at the hands of some family, family friends and a supposed loved one who turned out to be a stalker and a sexually violent predator.  She is also a part of the LGBTQ community and now American President Donald Trump has shown that he has no desire for America to have a safe and respected place for any member of the LGBTQ community, just to gain political favour during his corrupt run.

My partner has followed all of the rules for immigration, and we had a surprise during her application, and found out she was pregnant and we were supposed to be able to enjoy the parenthood experience, but this entire time, we have been afraid, because we fear that her and our daughter will be kicked out of the country (even though our daughter is Canadian), despite everything we have proven.  We have proven that my partner and child are at risk of harm, in danger of her life, because of her ex loved one, and because of her sexual orientation.  She has no close ties in her home country, and while waiting for her work visa application, she has shown a high capacity for employment.  Multiple companies are now just waiting for her work visa to come in to try to convince her to work with them.

However, despite surviving sexual abuse and assault, entrapment, threats from strangers, stalking calls, threats to harm or kill her or her loved ones if she didn't do what some people said, intolerance and indifference from her local authorities, and being kicked out of safe havens for women fleeing abuse because her ex was harassing them and calling all the time.  The Refugee board determines, this is still not enough because she is from a "3rd party safe country".  If she was from any country not designated as such, she would have been approved...  Because Canada has turned a blind eye for so long, people from countries like hers, has to suffer MORE, just to be found needing protection.

This is sickening and wrong, no woman or family should have to fear this, and anyone experiencing this should be allowed to stay in Canada and seek protection.

I call upon The Prime Minister of Canada, Justin Trudeau, to do the right thing, and acknowledge that America at this time, cannot be deemed as safe, while blatant ignorance, and attacks on the LGBTQ community are actively taking place.
Change this wrong designation placed on America, and show that Canada does protect those in need, regardless of Age, Sexual Orientation, Gender, Country of Origin, or Religion.

Legal Information:

According to the charter of human rights:
Everyone has the right not to be subjected to any cruel and unusual punishment, including torture, excessive or abusive use of force by law enforcement officials and sentences of imprisonment which are "grossly disproportionate" to the seriousness of the crime committed. As per: http://www.justice.gc.ca/eng/rp-pr/cp-pm/just/06.html

if read correctly this would mean, that its not exclusive to Canadians, but anyone in Canada, is entitled to these basic human rights.

As per here:
https://en.wikipedia.org/wiki/Section_7_of_the_Canadian_Charter_of_Rights_and_Freedoms

"The wording of section 7 says that it applies to "everyone". This includes all people within Canada including non-citizens.[4] It does not, however, apply to corporations.[5]

Section 7 rights can also be violated by the conduct of a party other than a Canadian government body. The government need only be a participant or complicit in the conduct threatening the right, where the violation must be a reasonably foreseeable consequence of the government actions.[6]

Section 7 has not been interpreted to convey positive rights nor has it been interpreted to impose any positive obligations upon the government. The Supreme Court of Canada has not ruled out these alternatives, however.[7]"

This would again reinforce that the Charter of Rights in Canada applies to all people without restriction or requirement of citizenship within Canada.

Section 1 of the Charter also recognizes that even in a democracy, rights and freedoms are not absolute. For example, no one is free to yell "fire" in a crowded theatre, to slander someone, to engage in religious practices which cause harm to others, to spread child pornography or hate propaganda or to enter or leave Canada without any restrictions whatsoever. Parliament or a provincial legislature can limit fundamental rights, but only if it can show that the limit

- is set out in a law; pursues an important goal which can be justified in a free and democratic society; and
- pursues that goal in a reasonable and proportionate manner.

Now CIC would have us believe that this clause would apply to persons applying for refugee status being able to be declined due to 3rd party safe country agreements ect ect.  However this is not the case as is specifically pointed out here:

- is set out in a law; pursues an important goal which can be justified in a free and democratic society; and
- pursues that goal in a reasonable and proportionate manner.

There is nothing they can claim that would justify in a free and democratic society claiming, that a person fleeing this type of situation should be denied contrary to our Charter of Rights.

The Charter of Rights was setup to protect us, and with these loopholes, CIC has been allowed to ignore the fundamental principals of the Charter of Rights for far too long!



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