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2014
During the last decade, Canada’s immigration and citizenship policies have been radically transformed. Hardly any aspect has been left untouched. That humanitarian migration has also been restricted and transformed has generally been linked to the worldwide “securitization” of migration. This paper argues that the timing and character of a number of key changes also represent a European turn of Canada’s refugee policy, which has seen Canada change from a policy innovator and humanitarian leader to a student, follower and adaptor of a key set of restrictionist asylum policies practiced in Europe.
Refugee Studies Quarterly (2018) 37(1), 2018
In 2012, Canada made regulatory changes and adopted legislations amending the Immigration and Refugee Protection Act, including the Protecting Canada's Immigration System Act and the Balanced Refugee Reform Act. These pieces of legislation contain a number of measures which include: expedited refugee claim hearings, reduced procedural guarantees and reviews, growing use of socioeconomic deterrents, and increased immigration detention. Drawing on a qualitative research, this article explores the unintended results and counter-productive effects of these new measures, with a particular focus on their practical and human rights implications. It is argued that the government has used the language of security to rationalise the imposition of disproportionately harsh treatment on asylum seekers. Unsurprisingly, the new measures have resulted in violations of asylum seekers' human rights. In addition, they have had a detrimental impact on third parties involved in the refugee protection system, such as legal counsels and service providers. Finally, it is argued that there is a correlation between the new refugee measures and the increase in irregular migration in Canada.
Contemporary Issues in Refugee Law, 2013
Canadian Public Policy / Analyse de Politiques, 2002
Cet article décrit les résultats d'une enquête qualitative faite pour Citoyenneté et Immigration Canada afin de découvrir les raisons de la migration secondaire en Ontario des réfugiés qui reçoivent une aide du gouvernement. Nous avons interrogé plus de 100 fonctionnaires, des conseillers de communautés, ainsi que des réfugiés subventionnés, au sujet du processus de migration, à commencer par la destination outre-mer suivant l'arrivée au Canada, jusqu'à la décision d'une relocalisation en Ontario. Notre étude révèle les contradictions qui existent entre la politique concernant le choix de la destination et la pratique existante. Nous en déduisons qu'il est important de s'assurer que les réfugiés puissent faire des choix en connaissance de cause quant aux communautés où ils seront envoyés et qu'ils reçoivent un soutien social significatif dans les communautés qui les accueillent. Cette recherche sur la mobilité des immigrants a des implications politiques affectant les discussions en cours au sujet de la dispersion géographique des immigrants et des résultats de leur établissement dans les communautés.
Zenodo (CERN European Organization for Nuclear Research), 2023
This paper draws its conclusions from a multidisciplinary study of the refugee determination process in Canada, the aim of which was to examine the strengths and weaknesses of the system and to explore means of improving it through an in-depth analysis of the diversity of attitudes and perceptions of different actors involved in the process. The basic hypothesis is that the legitimacy of the action of the Immigration and Refugee Board (hereafter IRB) is challenged because of a series of disagreements on the way it operates. Using interviews with former Board members, as well as with other professional actors of the system (lawyers, NGO workers, interpreters, health professionals), we try to understand better the parameters of the problems facing the IRB on three sets of issues: the appointment and renewal of Board members; the relationships between Board members within the IRB; the evaluation of the evidence by Board members. All issues relate mainly to the principles of independence and impartiality of the IRB, as an expert administrative tribunal. In particular, using the idea of ‘ critical space ’ as a conceptual framework, this study tries to ascertain more precisely how critical spaces within the IRB were being used in order to foster a common culture of independence and impartiality within the institution, or not. This study covers the period 1989-2002: it signals reforms accomplished since and suggests more means for improvement
Refuge: Canada’s Journal on Refugees, 40(1), 1–3. , 2024
https://refuge.journals.yorku.ca/index.php/refuge/article/view/41428 https://refuge.journals.yorku.ca/index.php/refuge/article/view/41428/37132
This paper draws its conclusions from a multidisciplinary study of the refugee determination process in Canada, the aim of which was to examine the strengths and weaknesses of the system and to explore means of improving it through an in-depth analysis of the diversity of attitudes and perceptions of different actors involved in the process. The basic hypothesis is that the legitimacy of the action of the Immigration and Refugee Board (hereafter IRB) is challenged because of a series of disagreements on the way it operates. Using interviews with former Board members, as well as with other professional actors of the system (lawyers, NGO workers, interpreters, health professionals), we try to understand better the parameters of the problems facing the IRB on three sets of issues: the appointment and renewal of Board members; the relationships between Board members within the IRB; the evaluation of the evidence by Board members. All issues relate mainly to the principles of independence and impartiality of the IRB, as an expert administrative tribunal. In particular, using the idea of ' critical space ' as a conceptual framework, this study tries to ascertain more precisely how critical spaces within the IRB were being used in order to foster a common culture of independence and impartiality within the institution, or not. This study covers the period 1989-2002: it signals reforms accomplished since and suggests more means for improvement.
2008
The integration of refugees into Canadian society goes beyond simple socio-economic measures of self sufficiency. While policy makers and academics often recognize the complex nature ofintegration, operational definitions tend to direct the focus of policy makers towards outcomes that measure successful settlement, over successful integration. This essay seeks to provide an operational definition that takes rights of citizenship as the foundational basis for integration over basic markers of success: employment, welfare, language etc. Such a definition must take into consideration the unique barriers refugees face as a result of past and present personal traumas and the structural rigidities of the immigration system. Creating an environment in which refugees gain access to their rights consequently allows them to participate in their own objective and subjective integration into Canada – and should be the chief objective of integration policy. As such, this essay suggests the strengthening of refugees human capital networks as a potential mechanism for achieving these goals.
The paper covers the history of the development of Canadian immigration and refugee policy from the end of WWII to the end of the twentieth century with a special focus on the sparate but intertwined developments on needs or humanitarian refugees and on rights or Convention refugees.
PKI Global Justice Journal , 2023
2021
Canada’s refugee determination system not only remains vulnerable to terrorist exploitation but also fails to assist legitimate refugees in a post 9/11 era. Through conducting an analysis of the Immigration Act, this paper exemplifies how, historically, Canada has had difficulty in regulating refugee migration into the country. The Immigration and Refugee Protection Act was implemented as a means of overhauling the Immigration Act, making for a more secure Canada. Although this newer legislation is successful in maintaining the rights of refugees, especially with the verdict of Singh v. Minister of Employment and Immigration, it still lacks numerous safeguards. The lack of an adequate detainment policy, manifestly unfounded policy, the designated country of origin policy, the appeals process, and delayed deportation of foreign nationals leaves the system vulnerable to abuse by terrorists. Ultimately, Canada has become a potential base for terrorists who have access to the entire int...
Refuge Canada's Journal on Refugees, 1999
This article is a review and analysis of the Canadian government's recent "white paper" on immigration and refugee policy and legislation. This review focuses on the proposals related to inland refugee determination and protection. While noting a number of positive initiatives in the document, the author expresses concern about the future of Canada's role in refugee protection in the next millennium.
Refuge: Canada's Journal on Refugees, 1999
This articles takes up Anthony Richmond's foundational depiction of the global apartheid regime in relation to refugee policy in the Canadian context. After a brief review of Canada's historical record, this article examines the defining elements of the Canadian refugee program, the impact of selected Supreme Court of Canada decisions in the area of refugee law as well as the current agenda for legislative and policy reform. The article highlights the ways in which Canadian law and policy fail to deliver justice and equality for refugees and asylum seekers.
Conference Report & Summary of Conference Proceedings, June 15-18, 2008 at York University, Toronto, Canada This was the inaugural Conference of the Canadian Association for Refugee and Forced Migration Studies (CARFMS). The event was hosted by the Centre for Refugee Studies, York University.
2018
When citizens lose faith in their government’s refugee policies, there arises the potential for an anti-immigration backlash, as several European countries have recently discovered. Canada has yet to see that happen, but it has for too long been muddling along with a refugee-processing system that is seriously flawed. Refugees go unprocessed for years, and in the meantime end up living, working and laying down roots. Often that only increases the chances they will end up staying even if they might have otherwise been rejected. It may even lead to increases in questionable refugee claims, as people realize they can work and make money in Canada for years before their case is even heard. The Canadian government has committed to increasing refugee numbers. The United Nations High Commissioner for Refugees has designated Canada as the primary destination for hard-to-settle refugees. The diversity of source countries is increasing, resulting in more refugees who are illiterate in both En...
Laws, 2022
How is the concept of “vulnerability” employed in Canadian immigration law? This article presents findings from research conducted as part of the VULNER project (2019–23). We analyze how vulnerability is operationalized in Canada’s inland refugee (or asylum) determination procedures compared to its overseas resettlement program by first discussing some general principles, followed by an examination of the treatment of women and LGBTQI+ individuals seeking protection. We show that legal-bureaucratic logics have constructed two very heterogeneous worlds of vulnerability that may reproduce and exacerbate vulnerabilities rather than create a more inclusive, equitable protection regime in law, policy, and practice.
Refugees and asylum seekers flee their countries in hopes of safety abroad. Governed by the 1951 UN Refugee Convention, refugee status is a matter of both international and domestic law. Historically, Canada has assisted many refugees from all over the world. However, human migration is a complex phenomenon, and Canada's refugee policies are also not immune to the influence of political and popular opinion.
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