>Alberta is not fulfilling commitments made by signing the United Nations Convention of the Child in 1999.
Canada really shouldn’t have ratified that. It obligates countries to provide „the enjoyment of the highest attainable standard of health”, which *ironically does not apply to Canadians, who have to deal with socialized medicine.* It also requires no other distinctions between citizens and people in the country illegally, and “a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.”
The U.S. signed but *never ratified* the UNCRC, so it isn’t law in the U.S. In Canada, it’s *partial* law because while it was ratified, that doesn’t make it *provincial law* in Canada due to „treaty dualism“, which basically means that while the *country* signed the treaty, until specific laws are passed – and since this are non-Federal issues, that’d be at the Provincial level – it’s not actually law. There’s no ability for the Federal level to *compel* it unless it actually falls under Section 91 of the Constitution Act.
So yeah, *Alberta* doesn’t actually *have* a commitment under UNCRC.
OttoVonDisraeli on
So if I read that correctly their asylum claims were denied but the family in question refuses to return to Mexico so they are here illegally?
Genuine question here, how come these people are still here? You can’t just stay illegally in Canada forever.
Are they looking to reapply for refugee status? What about applying for a work visa or what not?
It’s not Canada’s job to educate people willy-nilly.
I agree it’s not the kids fault, but it’s not the government’s fault either, it’s the parents. We should do a better job of facilitating the deportation or minimum documentation of people like this.
OogerSchmidt on
They should be allowed to learn – if not, they will likely be unintegrated in society and will not have the skills to engage. They may turn to crime given the lack of opportunities.
A school schedule is priceless.
*We should be deterring cases like this, though keep in mind denying education while you know they will not be leaving anytime soon anyway just leads to a disenfranchised child that will become a problem. An educated child is good for all parties involved.
UnluckyRandomGuy on
“All four Zapata children attended school for two years while the family’s application was being processed. But when it was denied, so too was their right to attend publicly funded schools.
The family decided it wasn’t safe to return to Mexico and has stayed in Canada without documentation.”
This just isn’t how it works, sucks for the kids but that’s life get the fuck out of the country. Further down in the article another family has kids working illegally as their also undocumented, it’s absolutely wild that these stories are being presented in a way to try and make people feel bad for illegal immigrants gaming the system
sgtmattie on
Eh, the kids have no real say in what is happening and shouldn’t be punished for their parents choices. They should be allowed to go to school.
What’s the outcome? Children without an education become adults without an education.
I get that this creates incentives, but ultimately we shouldn’t be punishing the kids. What are they gonna do fly home on their own?
Neat_Let923 on
If you are Out of Status (aka undocumented or no legal status) in Canada then the following applies:
* You can not legally work in Canada and you can not have a Social Insurance Number;
* Healthcare is all paid out of pocket, including emergency services when they send you a bill;
* You are supposed to still pay income taxes but most don’t since they’re working illegally;
* No tenant protections if not under a legal lease;
* You become subject to a removal order if one is given.
Yes, you are subject to the consequences from the actions of your parents. That’s how consequences work and should work. There are legal and appropriate ways to enter Canada and become a PR and then citizen… We make it much easier than most countries while also providing many benefits for doing so.
I expect Canadians and Permanent Residents to follow the law, why should that be any different for someone who specifically chooses to not follow the law?
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>Alberta is not fulfilling commitments made by signing the United Nations Convention of the Child in 1999.
Canada really shouldn’t have ratified that. It obligates countries to provide „the enjoyment of the highest attainable standard of health”, which *ironically does not apply to Canadians, who have to deal with socialized medicine.* It also requires no other distinctions between citizens and people in the country illegally, and “a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.”
The U.S. signed but *never ratified* the UNCRC, so it isn’t law in the U.S. In Canada, it’s *partial* law because while it was ratified, that doesn’t make it *provincial law* in Canada due to „treaty dualism“, which basically means that while the *country* signed the treaty, until specific laws are passed – and since this are non-Federal issues, that’d be at the Provincial level – it’s not actually law. There’s no ability for the Federal level to *compel* it unless it actually falls under Section 91 of the Constitution Act.
So yeah, *Alberta* doesn’t actually *have* a commitment under UNCRC.
So if I read that correctly their asylum claims were denied but the family in question refuses to return to Mexico so they are here illegally?
Genuine question here, how come these people are still here? You can’t just stay illegally in Canada forever.
Are they looking to reapply for refugee status? What about applying for a work visa or what not?
It’s not Canada’s job to educate people willy-nilly.
I agree it’s not the kids fault, but it’s not the government’s fault either, it’s the parents. We should do a better job of facilitating the deportation or minimum documentation of people like this.
They should be allowed to learn – if not, they will likely be unintegrated in society and will not have the skills to engage. They may turn to crime given the lack of opportunities.
A school schedule is priceless.
*We should be deterring cases like this, though keep in mind denying education while you know they will not be leaving anytime soon anyway just leads to a disenfranchised child that will become a problem. An educated child is good for all parties involved.
“All four Zapata children attended school for two years while the family’s application was being processed. But when it was denied, so too was their right to attend publicly funded schools.
The family decided it wasn’t safe to return to Mexico and has stayed in Canada without documentation.”
This just isn’t how it works, sucks for the kids but that’s life get the fuck out of the country. Further down in the article another family has kids working illegally as their also undocumented, it’s absolutely wild that these stories are being presented in a way to try and make people feel bad for illegal immigrants gaming the system
Eh, the kids have no real say in what is happening and shouldn’t be punished for their parents choices. They should be allowed to go to school.
What’s the outcome? Children without an education become adults without an education.
I get that this creates incentives, but ultimately we shouldn’t be punishing the kids. What are they gonna do fly home on their own?
If you are Out of Status (aka undocumented or no legal status) in Canada then the following applies:
* You can not legally work in Canada and you can not have a Social Insurance Number;
* Healthcare is all paid out of pocket, including emergency services when they send you a bill;
* You are supposed to still pay income taxes but most don’t since they’re working illegally;
* No tenant protections if not under a legal lease;
* You become subject to a removal order if one is given.
Yes, you are subject to the consequences from the actions of your parents. That’s how consequences work and should work. There are legal and appropriate ways to enter Canada and become a PR and then citizen… We make it much easier than most countries while also providing many benefits for doing so.
I expect Canadians and Permanent Residents to follow the law, why should that be any different for someone who specifically chooses to not follow the law?