***Long Post Alert***
Just so we can decide with eyes open, rather than wishful thinking! (and most likely my take below is incorrect...)
First - One has all the legal rights to leave the country at will, at any time. No questions. Do we want to be all boastful about it at the POE? Do we want to challenge the border officer? Or... that is the point of my comments below.
Not a lawyer and I think your reference here is perhaps to the
letter of the rule. A border officer or immigration authorities may or may not be fully satisfied. And if one is unhappy, surely you can appeal the decision etc.
Will you want to do that? Risk it? Will one be
able to?..those are the considerations we must mull over deeply, before even suggesting such a course of soft landing, in these times where Canada (like every country) is spending
billions of dollars to minimize COVID 19.
Coming back to the
letter or rule noticed the specific section of current responses to CoPR extension request
@CitImmCanada (IRCC)
1/4 Hi. We are currently reviewing requests from clients who are out of the country and have received a valid CoPR or who have an expired CoPR who are now ready to move to Canada permanently. We expect that next steps will be provided in the next few weeks.
2/4 Please wait to receive confirmation from IRCC that your CoPR has been extended and that you are now able to travel with documents the department will identify.
3/4 Please note that only those ready to live and settle in Canada and able to quarantine for 14 days immediately upon arrival will be allowed to travel to the country.
4/4 Travel for temporary stay, including strictly to finalize an application, will not be permitted at this time.
And then there is the rule book - I agree the examples below do not include CoPR confirmation. Is CoPR driven landing optional
at this time? Could we seek extension of CoPR? Has Canada offered not to penalise for not traveling at this time (as of today 7 July 2020)?
As per the travel exemptions page of the IRCC's website, essential travel is defined as "travel for reasons that are non-discretionary and non-optional. The emergency orders under the Quarantine Act do not allow people to travel to Canada for optional or discretionary reasons, such as for tourism, recreation or entertainment."
So yes you are correct, there is interpretation and subjective conclusion, which remains in the eyes of the beholder!
You and I in our vested interest would like to read the below as "My landing and confirmation of PR is essential". Let us remember the Officer at the border has the same subjective space to conclude if we a traveler is only landing and intends to return back after the temporary 14d quarantine
- while the CoPR
could have been extended, Canadian Govt has repeatedly written in thousands of letters that your application will not be denied due to your inability to travel - then it is NON-Essential.
Personally I truly dearly wish, the officer sees it differently, but if not
a) can't see a fault with that officer's decision
b) even if I did - what are my recourses? Appeal to IRCC? From where - once I am back in home country? Or sue them from overseas?
Well all of those options are fairly given by one of the
FAIREST countries in the world - Canada. So yes - you could do that.
Equally some might decide to be safe, understand the spirit of the rule, comprehend why CBSA has asked you not even to flagpole.
Where even flagpoling is deemed risky and discouraged
- these are people living in Canada, safer that India or many other countries,
- with far better medical facilities).
- And still - CBSA is trying to protect, minimise and serve the larger greater good!
So .. the decision and beliefs are entirely our own. But we Canadians like to be respectful - no wonder we say sorry even when someone else has erred).
Wish every single person here the very best of wise, decision making!
(and if you read this far - you are a brave one, thank you!)