Section 97 — Immigration and Refugee Protection Act: Person in need of protection

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 to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or to a risk to their life or to a risk of cruel and unusual treatment or punishment if the person is unable or, because of that risk, unwilling to avail themself of the protection of that country, 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, the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and the risk is not caused by the inability of that country to provide adequate health or medical care. 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.