Petition to the Government of Canada: Establish Immediate Safe Refugee Pathways from America and the Middle East
Mark Carney, Prime Minister of Canada; David McGuinty Canadian Minister of National Defence; Lena Metlege Diab Canadian Minister of Immigration, Refugees and Citizenship; Sean Fraser Canadian Minister of Justice, Attorney General of Canada
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In an era of rising authoritarianism, gender-based violence, religious nationalism, and state-sanctioned discrimination, the Government of Canada must respond to an urgent global responsibility: to provide safe passage and sanctuary for those fleeing war, persecution, and systemic oppression.
This includes not only civilians displaced by conflicts in the Middle East, but also marginalized individuals within the United States—where regressive policies, targeted violence, and legal rollbacks have endangered women, 2SLGBTQIA+ people, and racialized communities, particularly those of Mexican heritage. The erosion of asylum protections, escalating hate crimes, and criminalization of identity-based dissent render many unable to find safety within U.S. borders.
As a nation committed to human rights, international law, and non-discrimination, Canada has both the legal authority and the moral obligation to ensure these individuals are not denied access to justice, protection, and refuge.
I. Legal Foundations and Human Rights Commitments
Whereas Canada is a signatory to the 1951 Refugee Convention and its 1967 Protocol, obligating signatory nations not to return refugees to countries where they face threats to life or freedom (principle of non-refoulement);
Whereas Section 7 of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person and procedural fairness;
Whereas the Supreme Court of Canada has ruled in:
Singh v. Canada (1985): that refugee claimants are entitled to a full and fair hearing;
Ward (1993): that sexual minorities qualify as a “particular social group” for protection;
Suresh (2002): that deportation to torture violates fundamental justice;
Ahani (2002): that fair process is constitutionally required when life or liberty is at stake;
Whereas Canadian courts have ruled that applying the Safe Third Country Agreement (STCA) has, in certain cases, violated Section 7 and Section 15 of the Charter—particularly when returning refugee claimants to the U.S. where their rights were violated (2020 FC 770);
Whereas Canada has ratified international human rights instruments including:
The International Covenant on Civil and Political Rights (ICCPR);
The UN Guiding Principles on Internal Displacement (1998);
The UN Global Compact on Refugees (2018);
The Responsibility to Protect (R2P) doctrine (2005).
II. Historic Precedent: Canada Has Offered Sanctuary Before
Whereas during the Vietnam War, Canada welcomed more than 30,000 American draft resisters and conscientious objectors, invoking discretionary immigration powers under the Immigration Act to offer refuge from militarized violence;
Whereas these individuals were not criminalized under Canadian law nor extradited, as draft evasion and desertion were treated as political offenses—establishing a precedent for humanitarian, ethical immigration discretion;
Whereas this moral stance helped shape modern Canadian immigration law, including humanitarian and compassionate provisions under IRPA Section 25;
Whereas in 1956, following the Soviet invasion of Hungary, Canada admitted over 37,000 Hungarian refugees through emergency immigration powers—its first major humanitarian intake, setting a foundational precedent for future action;
Whereas in 1979–1980, Canada responded to mass displacement following the Vietnam War by accepting over 60,000 Vietnamese, Laotian, and Cambodian refugees, creating the Private Sponsorship of Refugees Program and establishing itself as a global model for civil society-led resettlement;
Whereas in 2015–2016, Canada resettled more than 40,000 Syrian refugees in under a year through a coordinated public-private initiative that included expedited processing, open work permits, trauma-informed services, and ministerial use of IRPA Section 25 and public policy exemptions;
Whereas since 2021, Canada has committed to resettling over 40,000 Afghans under targeted programs for former embassy staff and interpreters, women leaders, LGBTQ+ individuals, and human rights defenders;
Whereas in response to the 2022 Russian invasion of Ukraine, Canada launched the Canada-Ukraine Authorization for Emergency Travel (CUAET), providing open permits, waived fees, and accelerated processing under public policy measures;
Therefore, the current inaction in response to persecution and war in the Middle East and America reflects not incapacity, but a failure of political will—one that can and must be corrected in keeping with Canada’s legal and moral legacy.
III. The Present Crisis: A Moral Emergency
Whereas escalating wars, militarized crackdowns, and systemic persecution in the Middle East—including Gaza, Lebanon, Syria, Israel, and Iran—are driving mass civilian displacement;
Whereas LGBTQ2IA+ people, women, Indigenous communities, and political dissenters in both the Middle East and the United States face imprisonment, torture, sexual violence, and targeted state and vigilante attacks;
Whereas in the United States, trans and queer individuals are increasingly criminalized, denied healthcare, surveilled by state actors, and attacked with impunity—particularly in states enacting anti-LGBTQ2IA+ legislation and criminalizing gender-affirming care;
Whereas American women, especially Black, Indigenous, and Latina women, face the rollback of reproductive rights, criminalization of miscarriage and abortion, and systemic threats to their freedom, dignity, and bodily autonomy;
Whereas civilians in Mexico—especially women, Indigenous people, and LGBTQ2IA+ individuals—face widespread violence from state and cartel actors, including femicide, enforced disappearances, and impunity for crimes committed against marginalized groups;
Whereas these conditions often intersect with racism, ableism, poverty, and colonial legacies, making certain populations acutely vulnerable and repeatedly failed by existing systems of refugee protection;
Therefore, Canada must recognize the urgent need to extend protective and humanitarian measures to individuals from these regions facing threats to their lives and freedoms.
IV. Canada’s Responsibility as a NATO Member and Global Leader
Whereas Canada has both the opportunity and moral responsibility to prioritize humanitarian action over militarized engagement through its NATO commitments;
Whereas Canada must ensure its defense contributions are not complicit in or exacerbating human rights violations—particularly in contexts like Gaza and Iran where civilian protection is at critical risk;
V. Canadian Law and Constitutional Authority
Canadian Charter of Rights and Freedoms
Section 15: Equality rights and protection from discrimination.
Section 7: Right to life, liberty, and security of the person.
Canadian Bill of Rights (1960) – affirms civil liberties applicable to immigration and refugee policy.
Immigration and Refugee Protection Act (IRPA):
Section 24(1): Authorizes Temporary Resident Permits in hardship cases.
Sections 179 & 190: Enable policy exemptions and emergency pathways.
Sections 95–97: Define protected persons and grounds for protection.
Section 25: Permits permanent residence on humanitarian and compassionate grounds.
Section 3: Declares Canada’s objectives in protecting human rights and refugees.
Canadian Case Law
Singh v. Canada (1985)
Canada (AG) v. Ward (1993)
Suresh v. Canada (2002)
Ahani v. Canada (2002)
Kanthasamy v. Canada (2015)
B010 v. Canada (2015)
Safe Third Country Agreement ruling (2020 FC 770)
International Human Rights Instruments
1951 Refugee Convention and 1967 Protocol
International Covenant on Civil and Political Rights (ICCPR)
Convention against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
UN Guiding Principles on Internal Displacement (1998)
UN Global Compact on Refugees (2018)
Responsibility to Protect (R2P) Doctrine (2005)
Yogyakarta Principles on SOGIESC rights
To:
Mark Carney, Prime Minister of Canada; David McGuinty Canadian Minister of National Defence; Lena Metlege Diab Canadian Minister of Immigration, Refugees and Citizenship; Sean Fraser Canadian Minister of Justice, Attorney General of Canada
From:
[Your Name]
We, the undersigned, petition the Government of Canada to:
1. Immediately establish an emergency humanitarian corridors and expedited refugee stream for civilians fleeing war and state violence in America and the Middle East—including Gaza, Lebanon, Syria, Israel, and Iran;
2. Suspend the Safe Third Country Agreement (STCA) for all claimants from the Middle East, America, and Mexico, especially LGBTQ2IA+ and gender-diverse claimants, women, Indigenous people, and political dissenters from the United States and Mexico, in light of discriminatory laws, systemic violence, and violations of international protections including ICCPR Articles 2, 3, 6, 7, 17, 23, and 26 and CEDAW Article 12;
3. Waive all standard visa and processing fees, and grant open work and study permits to enable full and immediate access to Canadian support systems;
4. Allocate emergency federal funds to provide:
- Transportation and reception;
- Trauma-informed healthcare;
- Legal aid and resettlement support;
- Housing and essential needs;
5. Utilize Section 25 of the Immigration and Refugee Protection Act (IRPA) to grant permanent residence on humanitarian and compassionate grounds to individuals from war-affected or systematically targeted areas who face unusual, undeserved, or disproportionate hardship;
6. Reallocate Canada’s NATO-aligned defense contributions to non-militarized humanitarian operations, including refugee resettlement, medical care, and civilian infrastructure. Canada must not engage in military actions or arms transfers that risk complicity in international law violations;
7. Report publicly within 60 days on implementation progress, including:
-Total number of accepted claimants,
-Processing timelines,
-Use of emergency humanitarian measures.
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Legal Grounds for the Petition
I. Legal Foundations and Human Rights Commitments
Whereas Canada is a signatory to the 1951 Refugee Convention and its 1967 Protocol, obligating signatory nations not to return refugees to countries where they face threats to life or freedom (principle of non-refoulement);
Whereas Section 7 of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person and procedural fairness;
Whereas the Supreme Court of Canada has ruled in:
Singh v. Canada (1985): that refugee claimants are entitled to a full and fair hearing;
Ward (1993): that sexual minorities qualify as a “particular social group” for protection;
Suresh (2002): that deportation to torture violates fundamental justice;
Ahani (2002): that fair process is constitutionally required when life or liberty is at stake;
Whereas Canadian courts have ruled that applying the Safe Third Country Agreement (STCA) has, in certain cases, violated Section 7 and Section 15 of the Charter—particularly when returning refugee claimants to the U.S. where their rights were violated (2020 FC 770);
Whereas Canada has ratified international human rights instruments including:
- The International Covenant on Civil and Political Rights (ICCPR);
- The UN Guiding Principles on Internal Displacement (1998);
- The UN Global Compact on Refugees (2018);
- The Responsibility to Protect (R2P) doctrine (2005).
II. Historic Precedent: Canada Has Offered Sanctuary Before
Whereas during the Vietnam War, Canada welcomed more than 30,000 American draft resisters and conscientious objectors, invoking discretionary immigration powers under the Immigration Act to offer refuge from militarized violence;
Whereas these individuals were not criminalized under Canadian law nor extradited, as draft evasion and desertion were treated as political offenses—establishing a precedent for humanitarian, ethical immigration discretion;
Whereas this moral stance helped shape modern Canadian immigration law, including humanitarian and compassionate provisions under IRPA Section 25;
Whereas in 1956, following the Soviet invasion of Hungary, Canada admitted over 37,000 Hungarian refugees through emergency immigration powers—its first major humanitarian intake, setting a foundational precedent for future action;
Whereas in 1979–1980, Canada responded to mass displacement following the Vietnam War by accepting over 60,000 Vietnamese, Laotian, and Cambodian refugees, creating the Private Sponsorship of Refugees Program and establishing itself as a global model for civil society-led resettlement;
Whereas in 2015–2016, Canada resettled more than 40,000 Syrian refugees in under a year through a coordinated public-private initiative that included expedited processing, open work permits, trauma-informed services, and ministerial use of IRPA Section 25 and public policy exemptions;
Whereas since 2021, Canada has committed to resettling over 40,000 Afghans under targeted programs for former embassy staff and interpreters, women leaders, LGBTQ+ individuals, and human rights defenders;
Whereas in response to the 2022 Russian invasion of Ukraine, Canada launched the Canada-Ukraine Authorization for Emergency Travel (CUAET), providing open permits, waived fees, and accelerated processing under public policy measures;
Therefore, the current inaction in response to persecution and war in the Middle East and America reflects not incapacity, but a failure of political will—one that can and must be corrected in keeping with Canada’s legal and moral legacy.
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III. The Present Crisis: A Moral Emergency
Whereas escalating wars, militarized crackdowns, and systemic persecution in the Middle East—including Gaza, Lebanon, Syria, Israel, and Iran—are driving mass civilian displacement;
Whereas LGBTQ2IA+ people, women, Indigenous communities, and political dissenters in both the Middle East and the United States face imprisonment, torture, sexual violence, and targeted state and vigilante attacks;
Whereas in the United States, trans and queer individuals are increasingly criminalized, denied healthcare, surveilled by state actors, and attacked with impunity—particularly in states enacting anti-LGBTQ2IA+ legislation and criminalizing gender-affirming care;
Whereas American women, especially Black, Indigenous, and Latina women, face the rollback of reproductive rights, criminalization of miscarriage and abortion, and systemic threats to their freedom, dignity, and bodily autonomy;
Whereas civilians in Mexico—especially women, Indigenous people, and LGBTQ2IA+ individuals—face widespread violence from state and cartel actors, including femicide, enforced disappearances, and impunity for crimes committed against marginalized groups;
Whereas these conditions often intersect with racism, ableism, poverty, and colonial legacies, making certain populations acutely vulnerable and repeatedly failed by existing systems of refugee protection;
Therefore, Canada must recognize the urgent need to extend protective and humanitarian measures to individuals from these regions facing threats to their lives and freedoms.
----------------------------------------------------------------------------------------------
IV. Canada’s Responsibility as a NATO Member and Global Leader
Whereas Canada has both the opportunity and moral responsibility to prioritize humanitarian action over militarized engagement through its NATO commitments;
Whereas Canada must ensure its defense contributions are not complicit in or exacerbating human rights violations—particularly in contexts like Gaza and Iran where civilian protection is at critical risk;
This petition is grounded in Canada’s domestic laws, constitutional commitments, ministerial authorities, and international human rights obligations, including:
Canadian Law and Constitutional Authority
Canadian Charter of Rights and Freedoms
Section 7: Right to life, liberty, and security of the person.
Section 15: Equality rights and protection from discrimination.
Canadian Bill of Rights (1960) – affirms civil liberties applicable to immigration and refugee policy.
Immigration and Refugee Protection Act (IRPA):
Section 3: Declares Canada’s objectives in protecting human rights and refugees.
Section 25: Permits permanent residence on humanitarian and compassionate grounds.
Sections 95–97: Define protected persons and grounds for protection.
Sections 179 & 190: Enable policy exemptions and emergency pathways.
Section 24(1): Authorizes Temporary Resident Permits in hardship cases.
Canadian Case Law
Singh v. Canada (1985)
Canada (AG) v. Ward (1993)
Suresh v. Canada (2002)
Ahani v. Canada (2002)
Kanthasamy v. Canada (2015)
B010 v. Canada (2015)
Safe Third Country Agreement ruling (2020 FC 770)
International Human Rights Instruments
1951 Refugee Convention and 1967 Protocol
International Covenant on Civil and Political Rights (ICCPR)
Convention against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
UN Guiding Principles on Internal Displacement (1998)
UN Global Compact on Refugees (2018)
Responsibility to Protect (R2P) Doctrine (2005)
Yogyakarta Principles on SOGIESC rights
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Canada must not turn its back on those fleeing war, political persecution, and systemic violence. In moments of global crisis, silence is complicity. We call on the Government of Canada to act with courage and compassion—to open safe pathways, uphold our legal obligations, and honour our legacy as a nation of refuge and hope. Lives are at stake. History is watching.