As per the CBSA website, Canadas Temporary Suspension of Removals (“TSR”) program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the TSR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the Administrative Deferral of Removals (“ADR”) are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.
Jurisprudence
In the Humanitarian & Compassionate (“H&C”) contest, Justice Grant assessed the significance of a TSR as being:
The TSR program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the TSR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the ADR are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.
Justice Grant further noted:
Though not mentioned by the parties, I would also note that the TSR for Afghanistan is temporary in name only. It has been in place for over 30 years, since 1994. In assessing the Applicant’s establishment, it was important for the Officer to acknowledge that, absent H&C relief, the legal limbo preventing his further establishment is a protracted, and potentially life-long, reality.