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Articles 1 - 10 of 10
Full-Text Articles in Law
Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly
Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly
Canadian Journal of Law and Technology
Since the early 1990s, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada) began using DNA testing technology in the processing of family reunification applications. Over the years, Canadian citizens, permanent residents, and family members living abroad have been increasingly suggested, or required to undergo DNA testing to either facilitate or enable them to reunite in Canada, under the family reunification procedure. This practice, although said to be rare, has since grown in popularity, and is used more extensively for applications coming from certain regions, including Africa, Asia, and the Caribbean. Through analysis of recent case law, this paper …
Once More Unto The Breach: Confronting The Standard Of Review (Again) And The Imperative Of Correctness Review When Interpreting The Scope Of Refugee Protection, Gerald Heckman, Amar Khoday
Once More Unto The Breach: Confronting The Standard Of Review (Again) And The Imperative Of Correctness Review When Interpreting The Scope Of Refugee Protection, Gerald Heckman, Amar Khoday
Dalhousie Law Journal
The Supreme Court of Canada’s standard of review jurisprudence has been marked by the ascendancy of reasonableness as the presumptive standard of review of decisions involving an administrative tribunal’s interpretation and application of its home statute. To the extent that this approach would lead to the reasonableness review of administrative decision-makers’ interpretation of the scope and meaning of provisions of the Immigration and Refugee Protection Act that implement the basic human rights conferred in international conventions to which Canada is a party, it must be changed. Interpretations of the scope of the Refugee Convention and Convention Against Torture raise questions …
Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues, Constance Macintosh
Medical Inadmissibility, And Physically And Mentally Disabled Would-Be Immigrants: Canada’S Story Continues, Constance Macintosh
Dalhousie Law Journal
In April 2018, Canada’s federal government announced that it had decided “to eliminate” the medical inadmissibility policy from our immigration regime.1 This was to bring our practices in line with contemporary Canadian values, and to engender consistency with the that Canada signed in 2007 and rati�� ed in 2010. The �������� requires equality for persons with disabilities, including taking actions to enable full and effective participation and inclusion in society.3 To achieve these obligations, states must adopt legislative or other measures that implement these rights, and must repeal or revise legislation or policies which are inconsistent with the ��������’s obligations.
Canadian Immigration Law In The Face Of A Volatile Politics, Colin Grey, Constance Macintosh, Sarah Marsden
Canadian Immigration Law In The Face Of A Volatile Politics, Colin Grey, Constance Macintosh, Sarah Marsden
Dalhousie Law Journal
The genesis of this special issue was a conference of Canadian immigration law scholars at the Université du Québec à Montréal in March 2018. Conference participants sought to look back on the many changes made to Canadian immigration law during the near-decade the Stephen Harper-led Conservative government spent in power (2006–2015). Although the Conservatives did not introduce a single, revamped immigration law— the major legislation remains the Immigration and Refugee Protection Act, brought in under the Jean Chrétien-led Liberals (1992–2006) in 2002—they altered parts of the law nearly beyond recognition. In this introduction, we reflect briefly on these changes; on …
The Battle For The Wrong Mistake: Risk Salience In Canadian Refugee Status Decision-Making, Hilary Evans Cameron
The Battle For The Wrong Mistake: Risk Salience In Canadian Refugee Status Decision-Making, Hilary Evans Cameron
Dalhousie Law Journal
Canadian refugee status adjudicators must choose between two opposing bodies of law, one of which resolves doubt in the claimant’s favour and the other at the claimant’s expense. How do they decide which to prefer? How do they decide whether it would be better to risk accepting an unfounded claim or to risk rejecting a well-founded one? This paper explores one potentially relevant factor: the salience of the harms that decision-makers associate with potential risk outcomes. A brief account of recent events in Canadian refugee law history, beginning with the refugee law reforms of former Conservative Immigration Minister Jason Kenney, …
Immigration, Xenophobia And Equality Rights, Donald Galloway
Immigration, Xenophobia And Equality Rights, Donald Galloway
Dalhousie Law Journal
One can readily identify a number of factors that, over the last ten years or so, have combined to reduce and destabilize the legal status and social standing of non-citizens who are seeking to enter or remain in Canada. Particularly conspicuous are the amendments to our refugee and citizenship laws that were introduced by the government that held power from the 2006 election until 2015, especially those harsh measures that were introduced after the government obtained a majority in the legislature in 2011.1 The changes in question were extensive and far-reaching. A shortlist of wellknown examples indicates the scope. Prompted …
Migrant Workers, Rights, And The Rule Of Law: Responding To The Justice Gap, Sarah Marsden
Migrant Workers, Rights, And The Rule Of Law: Responding To The Justice Gap, Sarah Marsden
Dalhousie Law Journal
Migrant agricultural workers provide an essential and longstanding contribution to food security in Canada. Exploitation and rights shortfalls for these workers are welldocumented. On paper, they have rights on par with Canadian workers, but these rights do little to address the structure and dynamics underpinning their subordination in Canadian society. In this article, I argue that law creates a “justice gap” in the case of these workers. Law gives rights to these workers on an individual basis but also creates structural vulnerability which renders them unlikely to make use of individual remedies or compliance-based systems. Rights and protection discourse does …
Quand Voyager Mène Au Renvoi: Analyse Critique De La Législation Canadienne Sur La Perte Du Statut De Résident Permanent Liée À La Perte De L’Asile, Hélène Mayrand
Dalhousie Law Journal
This paper provides a critical analysis of section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA) adopted in 2012. The application of this section results in the loss of permanent resident status for protected persons who lose their refugee status under section 108 of IRPA, for example by renewing their passport and travelling to their country of origin, even for a short period of time. The combined effect of sections 46(1)(c.1) and 108 of IRPA pose major issues to Canadian protected persons. As a result, this paper explains the conditions for the application of section 46(1)(c.1) of IRPA and, …
The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi
The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi
Dalhousie Law Journal
In the summer of 2010, the human rights record of Sri Lanka in the aftermath of its civil war remained dismal.1 In Canada, the Immigration and Refugee Board’s acceptance rates for refugee claims made by Tamils �� eeing Sri Lanka was at approximately 84 percent.2 On 13 August 2010, a cargo ship, the MV Sun Sea (Sun Sea), arrived off the coast of British Columbia carrying 492 Tamil men, women, and children who were �� eeing Sri Lanka. Their voyage took just over two months, under horrible conditions. One passenger had died at sea. Most, if not all, had paid …
Do The Means Change The Ends? Express Entry And Economic Immigration In Canada, Asha Kaushal
Do The Means Change The Ends? Express Entry And Economic Immigration In Canada, Asha Kaushal
Dalhousie Law Journal
The relationship between economy and community is a constitutive tension in the Canadian immigration state. With the rise of the knowledge economy, Canada mediated this tension through the concept of human capital, internalized in the points system. Introduced in 2015, Express Entry transformed the landscape of economic immigration in Canada. Express Entry is an online permanent residence application system. In this article, I argue that Express Entry is more than a change in form and process; it is a change in substance that shifts Canada’s skilled immigration regime toward a neo-corporatist model. By shifting partial decision-making authority to the provinces …