CCLA Welcomes Court of Appeal Decision Upholding Protections for Convention Refugee Children

The Canadian Civil Liberties Association welcomes the decision of the Court of Appeal for Ontario, in Kriby v Wood, which reinforces protections for children recognized as Convention refugees by the Immigration and Refugee Board (IRB) from being removed.

The CCLA intervened in this case to ensure that fundamental rights of child refugees were protected.

The Court of Appeal confirmed that when a child is recognized as a Convention refugee, there is presumption that returning the child back to their home country would place them at grave risk of harm. This presumption appropriately shifts the burden to the party seeking to return the child, ensuring the child’s safety remains the paramount consideration.

The Court of Appeal  also emphasized the importance of deference to the expertise of the IRB, which carefully evaluates evidence and conducts oral hearings.

This decision upholds the principle that children recognized as Convention refugees must be protected from harm and reinforces the importance of giving proper weight to the judgments of refugee decision-makers when applying Canada’s non-refoulement obligations.

This decision is a victory to child refugees by ensuring their safety comes first and that Canada abide by its obligations against sending them back to harm.

CCLA is grateful for the excellent pro bono representation on this matter by Prasanna Balasundaram and Asiya Hirji of Downtown Legal Services.