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- Refugee Law (2)
- Border Law and Policy (1)
- Canadian Charter of Rights and Freedoms (1)
- Constitutional Law (1)
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- Culture (1)
- Domestic Violence (1)
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- 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)
- Safe Third Country Agreement (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel
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This article examines Canadian refugee law cases involving domestic violence, analyzed through a comparison with cases involving forced sterilization and genital cutting. Surveying 645 reported decisions, it suggests that Canadian adjudicators generally adopted different methods of analysis in refugee cases involving domestic violence, as compared with these other claims. The article argues that Canadian adjudicators rarely recognized domestic violence as a rights violation in itself but, instead, demonstrated a general predisposition toward finding domestic violence persecution in cultural difference. That is, adjudicators tended to recognize domestic violence claimants not as victims of persecutory practices but rather as victims of persecutory …
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 …
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
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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
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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 …