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International Humanitarian Law Commons™
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- Discipline
- Keyword
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- Border Law and Policy (2)
- Canadian Charter of Rights and Freedoms (2)
- Constitutional Law (2)
- Refugee Law (2)
- Canada-U.S. Border (1)
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- Canada; immigration policy; migration; multiculturalism; citizenship; refugees; Immigration and Refugee Protection Act; IRPA; social integration (1)
- Child Trafficking; Criminal Law Reform (1)
- Child soldiers; Human rights; Child Soldier Doctrine; International humanitarian law (1)
- Forced marriage; human rights; refugee law; persecution; gender; sexuality (1)
- International humanitarian law; private military contractors; private security contractors; humanitarian organizations (1)
- Migrant smuggling; Canada; Immigration and Refugee Protection Act; Immigration; Offence (1)
- Migrant smuggling; Canadian law; human smuggling; human trafficking; Canada; detention; sentencing; criminal law; immigration law; criminology; terrorism (1)
- Refugee Law; Safe Third Country Agreement; Canada-U.S. Border; Harvard Immigration and Refugee Law Clinical Program (1)
- Refugee Rights (1)
- Refugees & Political Asylum; International Human Rights Law; Human Rights; Citizenship & Nationality Law; Comparative Law (1)
- Safe Third Country Agreement (1)
Articles 1 - 11 of 11
Full-Text Articles in International Humanitarian Law
Bordering The Constitution, Constituting The Border, Efrat Arbel
Bordering The Constitution, Constituting The Border, Efrat Arbel
All Faculty Publications
It is an established principle in Canadian law that refugees present at or within Canada’s borders are entitled to basic constitutional protection. Where precisely these borders lie, however, is far from clear. In this article, I examine the Canadian border as a site in which to study the constitutional entitlements of refugees. Through an analysis of the Multiple Borders Strategy (MBS) – a broad strategy that re-charts Canada’s borders for the purposes of enhanced migration regulation – I point to a basic tension at play in the border as site. I argue that the MBS imagines and enacts the border …
Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner
Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner
All Faculty Publications
In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination …
Shifting Borders And The Boundaries Of Rights: Examining The Safe Third Country Agreement Between Canada And The United States, Efrat Arbel
All Faculty Publications
This article analyzes the Canadian Federal Court and Federal Court of Appeal decisions assessing the Safe Third Country Agreement between Canada and the United States (STCA). It examines how each court’s treatment of the location and operation of the Canada-US border influences the results obtained. The article suggests that both in its treatment of the STCA and in its constitutional analysis, the Federal Court decision conceives of the border as a moving barrier capable of shifting outside Canada’s formal territorial boundaries. The effect of this decision is to bring refugee claimants outside state soil within the fold of Canadian constitutional …
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise, Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity. Failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel, endangers the lives and safety of smuggled migrants, undermines border security, and undermines the integrity and fairness of immigration systems. Introduced in the Canadian House of Commons in June 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) includes proposed amendments to the Immigration and Refugee Protection Act that would enhance …
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages …
Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne
Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne
All Faculty Publications
This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The ‘core samples’ interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues …
Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin
Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin
All Faculty Publications
Under-aged girls as young as 12 years old are being subjected to sexual exploitation by traffickers according to a Criminal Intelligence Service of Canada (CISC); this is a pressing national problem, as organized crime networks are actively trafficking Canadian-born women and under-age girls within and between provinces and to the United States, destined for the sex trade. Law enforcement agencies are beginning to investigate and lay human trafficking charges under Canada’s Criminal Code s. 279.01 which carries a maximum term of imprisonment of 14 years, and up to life imprisonment if the accused kidnaps the victim, subjects them to aggravated …
Immigration And Integration In Canada, Mary Liston, Joseph Carens
Immigration And Integration In Canada, Mary Liston, Joseph Carens
All Faculty Publications
Like Australia and the United States, Canada is usually considered a ‘traditional’ immigrant receiving country in contrast to many countries in Europe, Asia, and Africa where large-scale immigration is a relatively recent phenomenon. This chapter reviews past and current Canadian immigration policy. Section one provides a brief historical overview of Canadian immigration patterns. Section two outlines current immigration policy, including the changes introduced by Canada’s Immigration and Refugee Protection Act (2002). Section three discusses the relationship between immigration policy and the integration of immigrants in Canadian society. The chapter concludes with the proposition that, while Canada’s immigration policy converges with …
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
All Faculty Publications
The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant Parties to the conflict. However, non-international ethnically-motivated armed conflicts, failed and failing states, and insurgency-based warfare have fundamentally challenged the viability of this traditional security paradigm. In confronting today's complex security climate, humanitarian organizations are faced with a diverse menu of alternatives to enhance their security. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper, including a critique of …
Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin
Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin
All Faculty Publications
Book note re: Children at War by Peter W. Singer (New York: Pantheon, 2005). "Over the last decade, the existence of child soldiers has been brought to light through a barrage of graphic international news agency articles and human rights reports. Usually, these materials only identify sporadic and often sensationalized cases. What has been less forthcoming is a deeper understanding of what P.W. Singer calls the “child-soldier doctrine”: a calculated and pervasive strategy by armed groups to use children as combatants. Children at War is an admirable effort at making this daunting topic accessible to a wider public policy audience, …