The core promise: Canada will not send a protected person, or a refugee recognized by another country that would take them back, to a place where they face persecution, torture, or cruel and unusual treatment. Two exceptions exist. Serious criminality where the Minister finds the person a danger to the public, and security, war crimes or organized crime where the Minister finds they should not be allowed to stay.
(1)A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.
(3)A person, after a determination under paragraph 101(1)(e) that the person’s claim is ineligible, is to be sent to the country from which the person came to Canada, but may be sent to another country if that country is designated under subsection 102(1) or if the country from which the person came to Canada has rejected their claim for refugee protection.