Forcing this family to face possibly indefinite separation is cruel, and violates Canada’s binding legal commitments to children and families. Please keep up the pressure, even if you wrote and called last week (for which we are most grateful!)
BACKGROUND
See an interview with Sarah at https://alberta.ctvnews.ca/video?clipId=2027321)
See an interview with Sarah at https://alberta.ctvnews.ca/video?clipId=2027321)
Since 2008, Sarah (of Devon, Alberta) has worked tirelessly with the mothers and children of Jacmel, Haiti. As a trained midwife, she established the hugely successful Olive Tree Projects, opening a birth centre to address the crisis of maternal mortality, a recycling business, and foster home to offer safe homes and jobs to local residents.
In January 2017 Sarah and her husband, Jean-Pierre (JP), took in a very sick, abandoned, baby boy and after a few months began the process of adopting Jean-Moise. In March 2018, Haitian social services dropped off a new-born girl who was found thrown away in a cement bag, the placenta still attached. When social services hadn’t found a home for this little girl, Sarah and JP began the formal adoption process for Eva-Maria too. Sarah and JP are currently legal guardians and, were it not for the pandemic-induced bureaucratic slowdowns, the final adoption would likely have been approved by now.
The impossible choice faced by this family violates Canada’s own legal commitments and Federal and Supreme Court rulings. The United Nations Convention on the Rights of the Child declares that "childhood is entitled to special care and assistance…[and] the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.” Indefinitely separating these kids from their loving, adoptive mother is simply wrong.
In 1999, the Supreme Court of Canada (Baker v. MCI [1999] 2 S.C.R. 817), declared that "immigration officers are expected to make the decision that a reasonable person would make, with special consideration of humanitarian values such as keeping connections between family members.” This was echoed by the Federal Court in 2012 (Damte, 2011 FC 1212) when it said a decision maker “ought to place themselves in the shoes of the person being affected and ask how they would feel in that exact situation.” In February 2020, (Alexis), the Federal Court overturned the decision of an immigration officer who refused to issue a temporary resident permit to a minor citizen of Haiti with a Canadian parent: "The time has assuredly come for someone to take a holistic and full-fledged humanitarian and compassionate review focused on [the child’s] circumstances and needs. Technicalities and formalities may be relevant to that assessment, but they decidedly must not be at the heart of it.”
Clearly, the decision that these two dependent children are somehow not “immediate family members” is wrong. While Sarah and her family could go to court and likely win, that would take time and resources they just don't have.
But the Minister of Immigration, Marco Mendicino, has the power to immediately issue temporary resident visas to the kids under Section 25.1 (1) of the Immigration and Refugee Protection Act (Humanitarian and Compassionate considerations). He’s done it before. He can – and must – do so here once again.
That is why we are stepping up the pressure. Sarah, JP and their family (including their own biological child, Jean-Jacque), cannot win this struggle on their own. They need our help.
WHAT YOU CAN DO
On Sunday and Monday, September 13-14, please flood the offices of Immigration Minister Marco Mendicino with phone calls and emails (samples below) to Issue Temporary Resident Visas for Sarah and JP’s 2 legal guardian, dependent children: Jean-Moise (4) & Eva-Maria (2). You can do this even if you were part of last week’s pressure campaign. Let’s ensure that when Mr. Mendicino and his staff come in to work Monday morning, this case is a top priority on their agenda.
SAMPLE EMAIL
(Feel free to add in a personal statement at the end—ie, “As a parent, I cannot imagine the impossible choice before Sarah right now” or “People’s lives should not be at risk because of bureaucratic paperwork issues”, etc.)
Subject Line: Urgent: Please Issue Temporary Resident Visas to Jean-Moise Michael Kessa, aged 4, and Eva-Maria Doris aged 2
To: IRCC.Minister-Ministre.IRCC@cic.gc.ca; Marco.Mendicino@parl.gc.ca
Cc: Francois-Philippe.Champagne@parl.gc.ca; Soraya.MartinezFerrada@parl.gc.ca; tasc@web.ca; ps.ministerofpublicsafety-ministredelasecuritepublique.sp@canada.ca, bill.blair@parl.gc.ca
Dear Minister Mendicino,
September 20 is the last day that Sarah Wallace will be able to fly home from Haiti as she will be 35 weeks pregnant. Her two dependent, legal guardian Haitian-born children, Jean-Moise and Eva-Maria, have already been abandoned one too many times in their lives, and must be recognized by your government as “immediate family members” and granted temporary resident visas.
All of the family documentation before you illustrates what a loving, caring family these two young children enjoy. Forcing them to face possibly indefinite separation if they cannot come to Canada with their mother is cruel and violates our own commitments to the rights of children and families. It further violates our commitments to the rights of women if Sarah understandably refuses to leave her kids behind, as that places her life – and that of her expected baby – at increased risk as well, given the extremely limited and precarious state of health services in Haiti.
I am writing to demand that you exercise your power under Section 25.1 (1) of the Immigration and Refugee Protection Act (Humanitarian and compassionate considerations) to immediately issue Temporary Resident Visas to Jean-Moise Michael Kessa, aged 4, and Eva-Maria Doris, aged 2 so they can travel to Canada with their legal-guardian Canadian Mother, Father and brother.
There is nothing complicated in this request. You can issue a permit immediately. Failure to do so will have tragic consequences. Should Sarah have complications with this delivery as she did with her first biological baby, there is a chance that Sarah and/or her baby will die.
Your office has issued similar permits to other Canadian parents, many with far less documentation than has been provided for these 2 children, allowing them to bring Haitian children to Canada. The children’s application for permits – with all the necessary supporting documents that show what a loving, strong family they are – has been received by your office.
This whole crisis appears to arise from a very narrow and bureaucratic reading of the regulations. I believe your government can, and must, do better in this instance.
Your Name and Address
PHONE CALL:
Call Immigration Minister Marco Mendicino at 613-992-6361, 416-781-5583
Sample phone message (leave one if you get the answering machine)
Hi, my name is XXXXX and I'm calling from TOWN, PROVINCE. I’m calling to support Sarah Wallace and her two children, Jean-Moise and Eva-Maria Doris. The Canadian government must allow these two children into Canada immediately. Time is running out. The children need Temporary Resident Visas no later than September 20 to travel with their Canadian Mother, Sarah, who needs immediate medical attention as she is 7+ months pregnant. Please issue the visas today so the family can stay together. It's the right thing to do. Thank you."
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