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Judgments V Reasons In Federal Court Refugee Claim Judicial Reviews: A Bad Precedent, Sean Rehaag, Pierre-André Thériault
Judgments V Reasons In Federal Court Refugee Claim Judicial Reviews: A Bad Precedent, Sean Rehaag, Pierre-André Thériault
Dalhousie Law Journal
This article offers an empirical examination of policies on the publication of refugee law decisions in Canada’s Federal Court. In 2015, the Court issued a notice describing the Court’s general practice of publishing written reasons in cases that the deciding judge considers as having precedential value and of issuing unpublished judgments in cases that the deciding judge does not view as precedential. In 2018, the Court reversed course and issued a new notice. This time, the Court indicated that all final decisions on the merits will be published.
Drawing on data obtained via automated data scraping processes from thousands of …