Champagne v MCI 2009 FC 1204

The Court set aside a finding based on generalized risk noting that the tribunal failed to understand the basis for the claim: 54 In my view, the Board has misconstrued the fundamental basis of the Applicants' claim and the risks they face. 55 The Applicants fear civilian militants. Jean Abraham and Antoine David fear persecution from the Lavalas movement and not from the government of Haiti. It was this fear that led them to flee Haiti. The Board appears to have concluded that the brothers fear Aristide, who is no longer ; lead-ing the country, so that there has been a change of circumstances in Haiti and Jean Abraham and Antoine David need no longer fear political persecution and personal risk. 56 The evidence before the Board shows that Lavalas militants are able to carry out violence with impunity and that the police cannot provide protection. The situation which the Applicants face to-day is the same one they faced when they fled: violence at the hands of civilians who belong to gangs loyal to the Lavalas party which is directed at political opponents such as Jean Abraham and Antoine David.