Wednesday, September 21, 2011

The officer set aside a decision relating to the best interests of the child decision noting: The officer finds with respect to 12-year old Alonzo that “[t]here is little questioning that his best interests would be met were he to remain in Canada.” The officer then goes on to examine the impact on Alonzo if he is returned to Mexico and finds that if he were to be removed to Mexico his interests would not be “compromised.” As for the younger son, Pierre-Alexandre, the officer finds that his best interests are to “remain as a family unit, with the emotional, physical and financial support of his parents.” This is hardly surprising. It would be a very unusual case where an infant’s best interests are that he be removed from his parents and family. Contrary to his brother’s situation, the officer makes no finding as to whether his interests are best served by remaining in Canada or being removed to Mexico. The officer fails to clearly and specifically address how Pierre-Alexandre would be affected by his removal to Mexico with his parents. The officer ought to have initially considered Pierre-Alexandre’s best interests and then subsequently considered whether his removal from Canada would compromise those interests, such that the family ought to remain in Canada on H&C grounds.
[10] The officer acknowledged that the evidence “demonstrates that corruption, violence and human rights violations are problems in Mexico.” The officer states that “[t]hese are risks unfortunately faced by all people residing in Mexico.” Accordingly, these would be risks faced by Pierre-Alexandre if he is removed. As such, the officer needed to examine them in order to be alert, alive and sensitive to this child’s interests. The officer did not. He or she fails to deal with this child’s interest as a Citizen of Canada in not being removed to such an environment. Accordingly, I find a failure to properly weigh this child’s interests. Simply, the analysis of the impact on this child of his removal to Mexico is wanting and for that reason this application is allowed.

2011 FC 1083
Key Issues: 
Best Interests of Child