The “Best Interests of the Child” as a Factor in Allowing Foreigners with Criminal Records to Enter Canada and in Staying the Deportation of Foreign National Offenders from Canada
Bibliographic record
Abstract
The Canadian Immigration and Refugee Protection Act provides that one of the objectives \nof immigration is “to see that families are reunited in Canada.” The Act provides further that a foreign \nnational with a criminal record for having committed an offence in a foreign country may be granted a \nvisa to enter Canada if “it is justified by humanitarian and compassionate considerations relating to the \nforeign national, taking into account the best interests of a child directly affected.” The deportation of \nforeign nationals who have been convicted of offences in Canada may be delayed or cancelled if “it is \njustified by humanitarian and compassionate considerations relating to the foreign national, taking into \naccount the best interests of a child directly affected.” Canada is a State Party to the Convention on the \nRights of the Child and Article 31(1) of the CRC requires states to consider the best interests of the \nchild as a primary consideration in all decisions affecting children. Jurisprudence emanating from \nCanadian quasi-judicial and judicial bodies shows that although there is not a single case in which \nArticle 31(1) of the CRC has been invoked by the courts or the Immigration Appeals Division, in cases \ninvolving children, in assessing whether a person who has been convicted of an offence should be \ngranted a visa to travel to Canada or should not be deported from Canada, the best interests of the child \nhave been considered in these decisions. However, there are numerous cases in which Article 31(1) of \nthe CRC has been considered, including in cases whether a parent should be recognised as a refugee in \nCanada. The purpose of this article is to demonstrate how courts or quasi-judicial bodies have invoked \nthe best interests of the child in deciding whether or not a visa should be granted to an adult with a \ncriminal record to enter Canada or the deportation of a foreign national who has been convicted of an \noffence to be stayed or cancelled.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.017 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.026 | 0.017 |
| Scholarly communication | 0.011 | 0.003 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.006 | 0.011 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".