:
Actually, it isn't. This one actually deals with humanitarian and compassionate grounds. The Minister of Citizenship and Immigration has been saying that all of these changes will not impact on families. But that is not the case if clause 117 is approved.
Let me give you give two examples. If this child is a refugee, under the present immigration law she cannot sponsor her father, who is in a refugee camp, to come to Canada. This child cannot sponsor a mother, who may be in a very precarious situation. That's because the child is not of age. So the only way this child's case would be considered is through humanitarian and compassionate grounds. I'm talking about people who are outside of Canada.
If this passes without my amendment changing “may” to “shall”, this child could submit an application under humanitarian grounds to bring her parents to Canada and the visa officers would not have to consider her application. I have seen a case like this at the Parkdale legal clinic, where a refugee child from Kenya is trying to bring her father to Canada. Because the rules haven't changed yet, her application is being considered right now. It has to be--shall be--examined by the visa officers. If this change goes through, her situation will be completely up in the air. She may not be able to bring her parents to Canada. That's one example.
I have another example, speaking about families and humanitarian and compassionate grounds. I received a letter about a man and a wife who came to Canada from China. They did not speak much English, so they hired an immigration consultant--this was in 2001-02. When they put in the application, they did not have a daughter. They were approved and came to Canada. In the meantime, because of the wait, the family ended up having a daughter. Because he was not able to tell the immigration officer about her when they were coming to Canada, they ended up coming to Canada and leaving their three-year-old kid back home. He is trying to bring her in on humanitarian and compassionate grounds. He does not fit under the regulations right now because he did not manage to declare her when he came over. He should have, but he didn't. He made a mistake, not because he wanted to cheat, but because the immigration consultant was irresponsible.
As a result, if the “may” isn't replaced by “shall”, the humanitarian and compassionate grounds of this case may not be considered again. That is why this change is really important. If Canada is built on a reputation, the cornerstone of which is that we are a humanitarian and compassionate country, all these applications have to be considered. That is why the amendment has to be “shall” rather than “may”.
So it would read as follows:
--for which, by the way, I gave two examples--