s. 97 Person in need of protection

(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.

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.