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Articles 1 - 12 of 12
Full-Text Articles in Law
The Exclusion Trap For Women Refugee Claimants Who Escape Domestic Violence With Children, Katherine Tess Shelley
The Exclusion Trap For Women Refugee Claimants Who Escape Domestic Violence With Children, Katherine Tess Shelley
Osgoode Hall Law Journal
Women who escape domestic violence with their children are being denied refugee status in Canada on the grounds that, by fleeing with their children, they have committed the crime of child abduction. Article 1(F)(b) of the 1951 Refugee Convention, which has been imported into Canadian law, specifies that individuals who have committed serious, non-political crimes are excluded from the protections associated with being a legal refugee. Consequently, women who travel to Canada with their children risk the denial of their refugee claims solely because they chose not to abandon their children in an abusive or potentially dangerous situation. In this …
No Refuge: Hungarian Romani Refugee Claimants In Canada, Sean Rehaag, Julianna Beaudoin, Jennifer Danch
No Refuge: Hungarian Romani Refugee Claimants In Canada, Sean Rehaag, Julianna Beaudoin, Jennifer Danch
Osgoode Hall Law Journal
From 2008 to 2012, thousands of Hungarian Roma sought asylum in Canada. Some political actors suggested that their claims were unfounded and demonstrated that Canada’s refugee processes were vulnerable to abuse. In contrast, advocates for refugees argued that persecution against Roma was rampant in Hungary and noted that hundreds of Hungarian Roma were granted refugee status in Canada. Much of this debate has occurred in an evidentiary vacuum. This article fills this vacuum through a qualitative and quantitative study of Hungarian Romani refugee claims. First, the context of the study is discussed. Then, the article explores the experiences of Hungarian …
Bordering The Constitution, Constituting The Border, Efrat Arbel
Bordering The Constitution, Constituting The Border, Efrat Arbel
Osgoode Hall Law Journal
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 at 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 in two fundamentally different …
When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
Osgoode Hall Law Journal
This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict the circumstances under which domestic courts in Canada reference treaties in ways that help refugees obtain relief. This new theoretical approach adds to the literature on treaty effectiveness in the litigation context by suggesting that the extent to which Canadian domestic courts reference treaties in ways that help refugees depends on several factors, including the manner in which those treaties …
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
Osgoode Hall Law Journal
This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
Osgoode Hall Law Journal
The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …
Return Of The Chancellor's Foot?: Discretion In Permanent Resident Deportation Appeals Under The Immigration Act, Richard Haigh, Jim Smith
Return Of The Chancellor's Foot?: Discretion In Permanent Resident Deportation Appeals Under The Immigration Act, Richard Haigh, Jim Smith
Osgoode Hall Law Journal
This article examines recent changes to section 70 of the Immigration Act that allow the minister of immigration to deport Canadian permanent residents who are determined to be a danger to the public without proper procedural safeguards. The authors argue that much of both current theoretical literature on discretion and the history of the development of discretion within the immigration scheme are against these changes. By analyzing how discretion is employed in other, similar, public safety regimes, the authors show that the recent changes violate individual rights and will very likely create more intractable problems than those they set out …
The Cases Of Ward And Chan, Ron Shacter
The Cases Of Ward And Chan, Ron Shacter
Osgoode Hall Law Journal
Parkdale Community Legal Services has had an Immigration and Refugee division since 1989. The immigration division is one of the busiest divisions. The group represents refugee claimants, with an overall priority of women fleeing abuse in their country of nationality. The group also advocates for clients in family reunification and landing matters and represents clients in their applications for landing on humanitarian and compassionate grounds. Law reform work includes continued work with the Toronto Coalition Against Racism and the Canadian Council for Refugees to build responses to the Head Tax, Safe Third Country Agreement, and the new identification and delayed …
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway, R. Alexander Neve
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway, R. Alexander Neve
Osgoode Hall Law Journal
Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection. The article considers the impact of the Singh ruling …
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Osgoode Hall Law Journal
Under the Immigration Act, permanent residents and illegal immigrants may, for a number of reasons, be deported from Canada for life. Even after residing in this country for many years, immigrants without the formality of citizenship enjoy only a limited right to remain. The author argues that deportation violates an immigrant's right to life, liberty and security of the person under section 7 of the Charter. And where that person has established fundamental connections with Canada, through family relations, education, employment, culture, etc., deportation, moreover, is not in accordance with the principles of fundamental justice. In determining the principles of …
Racism And The Constitution: The Constitutional Fate Of British Columbia Anti-Asian Immigration Legislation, 1884-1909, Bruce Ryder
Osgoode Hall Law Journal
The author explores the values and forces that influenced judicial and federal cabinet decisions regarding the constitutional validity of over one hundred BC statutes discriminating against persons of the Japanese or Chinese race passed between 1872 and 1922. He argues that the interpretation of the constitutional division of powers was shaped by a racist ideology that viewed Asian immigrants as different from, and inferior to, European immigrants in all respects but one: their capacity for work. In this, the first part of his study, he focuses on the nature of the federal disallowance power and the reasons why it was …