Immigration and Refugee Protection Act

Marginal note:Person in need of protection

• 97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

  • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

  • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

    • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

    • (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

    • (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

    • (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

• Marginal note:Person in need of protection

  (2) A person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection.