No relief for illegal immigrants

The federal government charges $550 for mercy waivers

No relief for illegal immigrantsLike so many other illegal immigrants desperate to avoid deportation, Nell Toussaint is down to her last resort: an application for mercy on humanitarian and compassionate grounds. Broke, jobless and suffering from severe kidney problems, the 39-year-old Grenada woman, who has lived in Canada for a decade, seems like an ideal candidate for 11th-hour clemency—the type of person who would surely endure “undeserved or disproportionate hardship” if forced to leave.

The federal government receives hundreds of similar requests every year, and approves more than half. But bureaucrats won’t even read Toussaint’s application—because she is too poor to pay the $550 processing fee.

That refusal is now the subject of a looming constitutional challenge in front of the Federal Court of Appeal, pitting the rights of impoverished migrants with no legal status against the government’s right to recoup the costs of operating our immigration system. Simply put, the judges will have to answer one crucial question: if an applicant proves he is truly destitute, should Ottawa at least consider waiving the $550 fee?

Last month, a lower court said no. Justice Judith Snider ruled that the cash requirement is not a Charter breach, because a humanitarian and compassionate application “provides foreign nationals with a discretionary and exceptional benefit—and not a right.” She also described the fee as a “neutral and rationally defensible policy choice” that, if overturned, could leave the feds “inundated with requests for waivers of any and all fees.”

“This is a woman who picks up pop tins and trades them in for money,” says Andrew Dekany, a Toronto lawyer who has taken on Toussaint’s appeal. “It is completely unfair to say that there is potential relief on humanitarian and compassionate grounds, but only if you have a certain amount of money. People who can afford to pay get access, and others don’t.”




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No relief for illegal immigrants

  1. Canada, the world's welfare line.

  2. Since Canada approves half of all appeals after ten years of costly legal wrangling we should get rid of all the beauracracy and approve everyone immediately. The sinking life boat will go down a little faster but what the hey!
    By the way Grenada is a beautiful country shudder the thought the poor woman could be sent to paradise!

  3. Let me get this straight. We’ve created an immigration system favouring applicants with funds; a refugee system favouring asylum seekers knowing how to work the system whether or not they are legitimate applicants; have extended a permit system to worker-applicants and have regularly held amnesties meant to draw illegals. Unlike the US, when an illegal is apprehended, his or her property is not confiscated.
    Why bother filing a legal application to enter Canada given that one can scrounge up less than 600 bucks and be heard towards a 50-50 decision? If Canada did Not charge a fee for applicants Every illegal would promptly apply, a sizeable number accepted, more persons encouraged to enter Canada illegally. How does this serve the honest applicant abroad who may have saved for Years in the hope of emigrating to Canada?
    The case mentioned is misfortunate. What rights does an illegal have?
    — I-L-L-E-G-A-L.

  4. I'm sick of Canada being the doormat to all the world's impoverished. This woman has a severe illness – another one who will eat into our healthcare system. Enough is enough.

    • Who are you to say that our enough is enough. No enough is not enough. Why shouldn't we help everyone we can? whatever happend to the global community?…

      The reason medicare was invented was to help people who couldn't afford to help themselves. It sounds like this women fits the description perfectly.

      • I think she shouldn't have been here in the first place. Now she's been here ILLEGALLY for 10 years, I agree ENOUGH IS ENOUGH. And while we're at it let's stop giving the 50/50 a free ride for $550, we've already got enough people who need our help living in Canada right now, why let more in?????

      • I think she shouldn't have been here in the first place. Now she's been here ILLEGALLY for 10 years, I agree ENOUGH IS ENOUGH. And while we're at it let's stop giving the 50/50 a free ride for $550, we've already got enough people who need our help living in Canada right now, why let more in?????

      • Are you mental, I'm also here to say that ENOUGH IS ENOUGH, we as Canadians Deserve better and I for one Do NOT want to help anyone that is NOT LEGAL Canadian ciitizen. Its RIDICULOUS AND UNFAIR to the Rest of us Canadians that were Born, raised and have paid our Dues to this country. Why shouid I or ANY other Canadian for that matter have to go to work everyday and pay my Taxes to help some So-called REFUGEE that claims to be facing PERSECUTION in their own country, its NOT my PROBLEM. I'm also TIRED of being a DOORMAT for every underdeveloped country in the world. Where does it END???

    • I'm with you….ENOUGH IS ENOUGH…..

  5. canada immigration is a joke.just another job for those clowns who actually work there.

  6. damn straight!

  7. I'm so FED-UP with Immigration to Canada period and this so-called Multiculteralism B.S. being shoved down our throats continuously. What is MULTICULTERALISM and how did this come about in Canada? We as Canadians have got to take a stand before its TOO late. Where do we Begin? I want my family to actually have a future in this country and I am DETERMINED to fight the good fight, I won't back down. Both my grandfathers fought the Second World War and won and I'm a VERY proud Canadian. I will do whatever I have to, to fight for my country and their HONOR. These Ilegals have to be stopped.

  8. Canada a place for all? All Imigrants and thats what our Gov… wants,they want to over populate and try to mirror image the US.
    We do not need an over populated country.
    We do not know there past. Are the criminals,have the murdured we do not know. Most of these countries they flee from are full of criminals and health issues that they just bring with them.War has been in Somalia for over 100 years children are handed guns to fight and now the child has survived and comes to canada an adult. How many bullets have hit the target killing what human it was aimed at?
    But hey what the hell let them all in. They flee countries they have distroyed,only to come to Canada and help distroy it….excusse the speeelling in an hury to go to WORK get TAXED and pay for some imigrant to eat and live in a nicer house than the one I paid ford for the last 17 years and lets not forget the pimped out ride they all seem to have.hmmmmmmmmmmmmm wake up Canada close the door and clean out the rest of the garbage.

    • nice

    • could not agree more
      Vote for this guy to run imigation

  9. why are you white people concern about one desperate woman who need help, when you illegally entered and took onver this country from the NATIVES!

    • Gerry,
      With respect to your comments, it sounds like you are one who would definitely "live-off-the-system" and would never make a contribution to this country. Good-ridden Gerry!

      • I'm a real Native Canadian & no I did not "live off the system" & I have contributed through- out my life so far.People who live in glass houses shouldn't throw stones cause unfortatually there is r large precentage of round eyes who like to "live off the system & don't contribute"!!!!!!!!!!!!

  10. am from scotland and i have 2 children to a canadian woman, my son was born in scotland and my daughter was born in canada, i came here just with a visitor visa because i thought my partner and our kids were all going back to scotland, my partner changed her mind and i cant force her to leave, my visitor visa expired and i have left it to late to apply for visa extension, my partner and i have fallen out i have ran out of funds, i want to stay here and live and work and provide for my children but immigration have gave ma an exclusion order and i have to leave and not return for 1 year which means i will not see my kids for 1 year, there must be something that can be done to keep me here, am not a scrounger or wanting welfare, am wanting to provide for my canadian citizen children, i dont know what to do, getting ripped from my kids

  11. deport the bitch, illegal immigrants are the worst. You know what, why don’t we just go to merriams website and change the definition of illegal.

    Illegal: The allowance of something or someone to ass rape another thing with no consequences.

    The short version of this definition is Canada.

    I was born as raised here and am fed up with this shit.

    • i agree were lucky because were born and raised here.but what other people coming here to work and it happens they lived here illigaly ;isnt it nice if the immigrtion will help her to stay?we are all brothers and sisters nobody owns the world only him and he is coming soon.lots of people who wants to come here because this is nice place on earth GOD BLESS CANADA 

    • Wow Robert, you are extremely ignorant and heartless. I am embarassed to even consider you as a fellow Canadian. You should be ashamed of yourself for the words you have spoken. How could you dare say “deport the bitch, illegal immigrants are the worst”? This is Canada, a country that prides itself on its wide acceptance for multiculturalism. I, myself was born and raised here. However, my parents were illegal immigrants and my father is still struggling to obtain citizenship recognition. They have made a huge sacrifice for my well being and for me to become more than what I could have been in their home country. From their sacrifices, I was given the opportunity to be educated in a worldly recognized university and the ability to prosper as a person. I volunteer to give back to my community regularly and I work hard to support myself just like you do. Many “illegal immigrants” come to Canada in search for a better life, just as you would if you were stuck in an unfortunate situation elsewhere. This world was created without borders. Borders were only constructed by men and created socially. You wouldn’t know half the things that these “illegal immigrants” have gone through because you were so fortunate to be born into this country naturally. You should open your eyes and perhaps educate yourself a little more. If you were more educated, maybe then you wouldn’t be so cynical and you’d be able to open up your eyes and heart to others living on the same soil as you.

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