U of T Faculty of Law CANADIAN IMMIGRATION & REFUGEE LAW Fall 2003 VOLUME II (Weeks 8-12) Prof. Audrey Macklin SEP 2 a 2003 U of T Faculty of Law CANADIAN IMMIGRATION & REFUGEE LAW FALL 2003 VOLUME II Prof. Audrey Macklin Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/canadianimmigra02mack CONTENTS WEEK 8 - REFUGEES: HISTORY, INSTITUTIONS AND PROCESS UNHCR, United Nations High Commissioner for Refugees REFUGEES by numbers 2002.8-1 K. Musalo et al, Refugee Law: Cases and Material. (2001, c. 1-S) (excerpted from).8-12 Hannah Arendt, ‘The Decline of the Nation State and the End of the Rights of Man’ The Origins of Totalitarianism (1951) (excerpts from).8-24 ‘The Development of the Refugee Definition in International Law’ in James Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991) pp. 1 -27.8-25 Michael Barnett, ‘Humanitananism with a Sovereign Face: UNHCR in the Global Undertow' The International Migration Review (2001).8-37 “Man slam after Canadian rejection, paper says” Globe & Mail (2 March 2002).8-56 Overview of Canada’s Inland Refugee Determination Process.8-56 S. Knapp, “Mexican Family Seeks Refuge in Church” Calgary Herald (23April 2002).8-58 Franyois Crepeau et ah. Multidisciplinary Analysis of the IRB Decision-making Process: Summary’ Report, October 2000.8-60 Stephen M. Knight, ‘Defining Due Process Down: Expedited Removal in the United States,’ 19(4) Refuge 41.8-71 WEEK 9 - THE REFUGEE DEFINITION The Convention Refugee Definition at a glance. Legal Services Immigration and Refugee Board, November 2000.9-1 Canada (Attorney General) v. Ward [1993] 2 S.C.R. 689.9-19 l Women Refugee Claimants Fearing Gender-Related Persecution: Guidelines issued by the Chairperson pursuant to Section 65(3) of the Immigration Act.....9-47 WEEK 10 INTERDICTION, DETENTION & INADMISSIBILITY M. Friscolanti, “Decline in asylum-seekers blamed on anti-terror rules 33% drop in first quarter: There have been major steps in securing our borders”, The National Post, 16 May 2002 ... 10-1 Canadian Council for Refugees, ‘Canadian Measures of Interdiction’, CCR Task Force on Interdiction 1998 ... 10-2 Safe Third Country’ Agreement (final draft text).10-9 UNHCR Comments on Notice Designated Aliens Subject to Expedited Removal from the United States, 13 December, 2002.10-13 Canadian Council for Refugees, Bill C-l 1: What it Means, Detention (sections 54-61)...10-22 Highlights from Report to the Auditor General of Canada, Chapter 5: CIC - Control and Enforcement (prepared by Janet Dench, CCR).....10-23 M. Crock, Echoes of the Old Countries or Brave New Worlds? Legal Responses to Refugees and Asylum Seekers in Australia and New Zealand, (2001) 14.1 Revue quebecoise de droit international.10-25 D.S. Lesperance, ‘Insufficient Funds - an 11th Hour Stumbling Block for Immigrants’ (1994), 5 Imm. & Cit., #10, p. 3...10-33 Alana Klein, “HIV/AIDS and Immigration: Final Report” (Montreal: Canadian HIV/AIDS Legal Network, 2001)... 10-34 WEEK 11: CRIMINALITY AND SECURITY Deportation of Permanent Residents on Grounds of Criminality: Past & Present.11-1 African Canadian Legal Clinic, No Clear and Present Danger: The Expulsion of African Canadian Residents from Canada, Toronto, 1999.11-2 ii Romans v. Canada (Minister of Citizenship and Immigration) (2001) 17 1mm. L.R. (3d) 34 (FCA). 11-13 Ahani v. Canada (Minister of Citizenship and Immigration) (2002) S.C.C. 2.11-15 Ahant v. Canada (Minister of Citizenship and Immigration) (2002) (Ont. C.A.).1 1-20 Clifford Krauss, “Canada Links Arrest of 19 to Possible Terrorism Ties” New York Times 24 August, 2003.11-44 S. J. Aiken, Of Gods and Monsters: National Security and Canadian Refugee Policy [publication forthcoming in (2002) 14.2 Revue quebecoise de droit international]excerpt.1 1-45 Matthew J. Gibney, ‘Security and the ethics of asylum after 11 September’, (2001) 13 Forced Migration Review 40.11-55 Note.pages 11-61 - 11-62 deleted ‘Judges Refuse to be Swayed by Politicians’ Terrorism Warnings' The Independent (U.K.), July 31, 2002. 11-63 WEEK 12 - FUTURE DIRECTIONS Notes for an address by the Flonourable Denis Coderre, Minister of Citizenship and Immigration, Annual Convention of the Federation of Canadian Municipalities, Winnipeg, Manitoba, May 30, 2003. 12-1 Partial transcript for an address by the Honourable Denis Coderre, Minister of Citizenship and Immigration, “National Security, Immigration and our American Neighbours post 9/11” at “On Guard for Thee?” Symposium Royal Military College of Canada, Kingston, Ontario, April 4, 2003. 12-6 Catherine Dauvergne, ‘Challenges to sovereignty: migration laws for the 21st century’, (2003) UNHCR, working paper no. 92.12-11 Immigration and Refugee Protection Regulations, SOR/2002 - 227, Canada Gazette, Part II. 12-26 outcomes over another. But the unsavory features of the new humanitarianism go beyond these observations to include a consideration of the various roles played by these organizations in global politics, how they are containers of centralized power and authority, and whose "pragmatism" can be disturbingly disconnected from those in whose name it acts. Whereas once we likened humanitarian agencies to white knights on muscled steeds charging to rescue the powerless and weak, we are more aware that these knights also are interested in mundane activities such as career advancement, protecting the agency's reputation and cultivating the largess of patrons, and are likely to use political and pragmatic considerations to navigate the moral dilemmas that populate complex emergencies. We are less willing to take the rhetoric of and presentation of self by humanitarian international organizations at face value and more likely to wonder whose interests are being served by any set of policies. We now recognize that states can be humanitarians and that humanitarians can be cunning politicians. None of this means that we need to be saved from our saviors. But it does suggest that asking more about the activities of those who are expected to carry out our pnnciples is not only good politics, it also is sound humanitarianism. Globe & Mail Saturday, March 2, 2002 "Man slain after Canadian rejection, paper says" A man in Guatemala was shot deadjust days after being denied asylum at the Canadian embassy in the country, the Spamsh-language newspaper Correo Canadiense reported yesterday. The Toronto-based newspaper said Cesar Augusto Rodas was shot to death Feb. 15, shortly after being turned away from the embassy where he had asked for protection because of death threats. The newspaper said Mr. Rodas was involved in a controversy involving the country's Vice-President, Juan Francisco Reyes Lopes, and a prominent Guatemalan businessman. OVERVIEW OF CANADA’S INLAND REFUGEE DETERMINATION PROCESS 8-56 In Singh v. Minister of Employment and Immigration, [1985] 1 SCR 177, Wilson J. (speaking for 3/6 judges) ruled that the term “everyone” in s. 7 of the Charter “includes every human being who is physically present in Canada and by virtue of such presence amenable to Canadian law.” Refoulement would constitute a violation of security of the person, by exposing a person to the risk of persecution at the hands ot another. The refugee determination scheme in place at the time violated the principles of fundamental justice by depriving most refugee claimants of the ability to know and respond to the Minister’s case against them. In circumstances where “a serious issue of credibility is involved”, fundamental justice requires an oral hearing before the decision-maker. The effect of Singh was to require an oral hearing in all cases leading to refusal of a refugee claim, has been a feature of Canada’s refugee determination system since 1989. 8-57