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Full-Text Articles in Law
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Articles
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …
Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant
Confronting (In)Security: Forging Legitimate Approaches To Security And Exclusion In Migration Law, Angus Gavin Grant
PhD Dissertations
Perceived connections between security concerns and migration are a central preoccupation of our time. This dissertation explores how the preoccupation has played out in the Canadian context and asserts that a basic and common infirmity of administrative decision-making in this domain is a lack of justification. The dissertation commences by exploring foundational debates within immigration theory about borders, exclusion, the rule of law and the role of justification in decision-making in liberal democracies, particularly in times of perceived emergency. From there, the dissertation moves on to an exploration of immigration inadmissibility determinations in Canada, with particular attention to the emergence …