DOCSLIB.ORG

Canada's Treatment of Non-Citizens Through the Lens of the United

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Canada's Treatment of Non-Citizens Through the Lens of the United Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms —— Le traitement de non-citoyens par le Canada du point de vue des mécanismes onusiens de plaintes émanant de particuliers idil atak and lorielle giffin Abstract Résumé The United Nations (UN) human rights Les organes créés en vertu d’instruments treaty bodies play an important role in des Nations Unies (ONU) relatifs aux defining the scope and the nature of droits de la personne jouent un rôle non-citizens’ rights. This article offers a important dans la définition de la portée critical overview of the UN human rights et de la nature des droits de non-citoyens. case law from 2008 to 2018 pertaining Cet article offre un aperçu critique de la to non-citizens — notably undocu- jurisprudence onusienne, entre 2008 mented migrants, refused asylum seek- et 2018, en matière des droits de la per- ers, and permanent residents ordered sonne des non-citoyens — notamment deported — in Canada. It examines the les migrants sans papiers, les demandeurs jurisprudence of the three UN human d’asile déboutés et les résidents perma- rights treaty bodies recognized by Canada nents sujets à expulsion — se trouvant au as having competence to receive and con- Canada. Plus particulièrement, il examine sider individual complaints — namely, la jurisprudence des trois comités relatifs the UN Human Rights Committee, the aux droits de la personne que le Canada Committee against Torture, and the Com- a reconnu comme compétents pour recev- mittee on the Elimination of Discrimina- oir et examiner les plaintes individuelles, à tion against Women. The purpose of this savoir le Comité des droits de l’homme de examination is two-fold. First, it intends l’ONU, le Comité contre la torture, et le to foster a better understanding of the Comité pour l’élimination de la discrimi- cases lodged by non-citizens before the nation à l’égard des femmes. Le but de cet UN human rights treaty bodies. The sec- examen est double. Premièrement, il vise ond aim is to explore the substantive à favoriser une meilleure compréhension Idil Atak, Associate Professor, Department of Criminology, Ryerson University, Toronto, Canada ([email protected]). Lorielle Giffin, PhD candidate, University of Alberta, Edmonton, Canada ([email protected]). 292 Vol. 56 [2018], doi:10.1017/cyl.2019.13 © The Canadian Yearbook of International Law / Annuaire canadien de droit international 2019 This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence Downloaded(http://creativecommons.org/licenses/by/4.0/), from https://www.cambridge.org/core. IP address: 170.106.35.234which permits, onunrestricted 26 Sep 2021 re-use, at 05:51:53 distribution,, subject toand the Cambridge Core terms of use,reproduction available at inhttps://www.cambridge.org/core/terms any medium, provided the original. https://doi.org/10.1017/cyl.2019.13work is properly cited. Canada’s Treatment of Non-Citizens 293 issues that the UN committees’ juris- des recours intentés par les non-citoyens prudence on non-citizens reveals about devant les organes conventionnels des Canada’s immigration decision-making droits de la personne de l’ONU. Le deux- and enforcement. It is argued that some ième objectif est d’explorer des questions groups of non-citizens in Canada are at de fond, révélées par la jurisprudence des risk of being deported to persecution comités de l’ONU en matière des non- or hardship in violation of the non- citoyens, concernant le processus déci- refoulement principle and Canada’s inter- sionnel et la mise en vigueur du système national human rights obligations. The d’immigration canadien. Les auteures article illuminates several loopholes maintiennent que certains groupes de identified by the UN treaty bodies in non-citoyens au Canada risquent d’être Canada’s immigration and refugee pro- renvoyés vers des persécutions ou des tection system that heighten the risk of épreuves, en violation du principe de refoulement. non-refoulement et des obligations inter- nationales du Canada en matière de droits de la personne. Cet article met en lumière plusieurs lacunes identifiées par les comi- tés onusiens des droits de la personne dans le système canadien d’immigration et de protection des réfugiés, lacunes qui aug- mentent le risque de refoulement. Keywords: Canada; international human Mots-clés: Canada; droit international rights law; non-citizens; migrants; non- des droits de la personne; non-citoyens; refoulement; United Nations individual migrants; non-refoulement; mécanis- complaints mechanisms. mes onusiens de plaintes émanant de particuliers. Introduction n August 2018, the United Nations (UN) Human Rights Committee I(HRC) ruled that Canada’s denial of essential health care services to Nell Toussaint, an undocumented migrant from Grenada, violated her right to life. Noting that states cannot make a distinction, for the purposes of protecting the right to life, between legal and undocumented migrants, the HRC asked Canada to take all steps necessary to prevent similar vio- lations in the future.1 As this case illustrates, in international law, a state’s sovereign right to control the entry, residence, and expulsion of non- citizens2 involves a duty to protect everyone under its jurisdiction.3 The UN human rights treaty bodies have been instrumental in defining the 1 Toussaint v Canada, Communication No 2348/2014 (30 August 2018) at para 11.7 [Toussaint]. 2 Abdulaziz, Cabales and Balkandali v United Kingdom (1985), 7 EHRR 471. 3 Island of Palmas (US v Netherlands), Hague Ct Rep 2d (Scott) 83 at 93 (Perm Ct Arb 1928); Singh v Minister of Employment and Immigration, [1985] 1 SCR 177. Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.234, on 26 Sep 2021 at 05:51:53, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/cyl.2019.13 294 The Canadian Yearbook of International Law 2018 scope and the nature of non-citizens’ rights. Individual complaints mecha- nisms available under certain human rights treaties have played a particu- larly important role in this regard.4 This article offers a critical overview of the UN human rights case law pertaining to non-citizens5 in Canada from 2008 to 2018. It focuses on those complaints that intersect with the Immigration and Refugee Protection Act (IRPA)6 and that are lodged by non-citizens, notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported from Canada. Our analysis shows that the vast majority of the decisions adopted by the UN human rights treaty bodies in the past decade concern the rights and freedoms of non-citizens. As such, we illu- minate significant issues with Canada’s treatment of this population. More specifically, we suggest that Canada does not always meet its international obligations related to the non-refoulement principle, which prohibits the deportation of individuals to places where they may face persecution or a substantial risk of torture or similar abuse.7 The effectiveness of the domestic remedies available to non-citizens facing deportation and Canada’s inconsistent compliance with the HRC’s recommendations are other areas of concern explored in this article. We examine the jurisprudence of the three UN human rights treaty bod- ies recognized by Canada as competent to receive and consider individual complaints — namely, the HRC, the Committee against Torture (CAT), and the Committee on the Elimination of Discrimination against Women 4 Henry J Steiner, Philip Alston & Ryan Goodman, International Human Rights in Context: Law, Politics, Morals, 3rd ed (New York: Oxford University Press, 2007) at 891–924; Chris- tof Heyns & Frans Viljoen, “The Impact of the United Nations Human Rights Treaties on the Domestic Law” (2001) 23:3 HRQ 483; Guy Goodwin-Gill & Jane McAdam, The Refugee in International Law, 3rd ed (Oxford: Oxford University Press, 2007) at 285–354; Fernando M Marino Menendez, “Recent Jurisprudence of the United Nations Com- mittee against Torture and the International Protection of Refugees” (2005) 34:1 Refugee Survey Quarterly 61; Jean-Yves Carlier & Sylvie Saroléa, Droit des étrangers (Louvain-la-Neuve: Larcier, 2016). 5 The term “non-citizen” refers to a foreign national who does not hold Canadian citizenship. 6 SC 2001, c 27 [IRPA]. 7 Convention Relating to the Status of Refugees, 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954), art 33(1) [Refugee Convention]; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987), art 3 [Convention against Torture]; International Cove- nant on Civil and Political Rights, 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 7 [ICCPR]; IRPA, supra note 6, s 115. Refugee Convention, ibid, art 33(1): “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” Downloaded from https://www.cambridge.org/core. IP address: 170.106.35.234, on 26 Sep 2021 at 05:51:53, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/cyl.2019.13 Canada’s Treatment of Non-Citizens 295 (CEDAW Committee).8 These bodies of independent experts are in
Load more

Recommended publications
  • A Brief History of the Brief History of Citizenship Revocation in Canada
    A Brief History of the Brief History of Citizenship Revocation in Canada AUDREY MACKLIN * ABSTRACT Four of the men convicted as part of the Toronto 18 prosecution were subject to citizenship revocation on grounds of terrorism. One of the four was born in Canada, and the other three immigrated to Canada and acquired citizenship through naturalization. I situate the politics of the four men’s citizenship revocation in legal and comparative context. Contemporary citizenship revocation policies, especially those invoked in the name of national security, serve both instrumental and symbolic goals. I argue that the citizenship revocation scheme enacted in Canada resonated primarily in the register of symbolic politics and lacked virtually any instrumental value related to national security. Its deployment against four of the Toronto 18 was always, and only, a calculated electoral tactic. I conclude by recounting the case of U.K.-Canadian Jack Letts in order to illustrate how citizenship revocation not only infringes fundamental human rights but is dysfunctional from the vantage point of international relations. Keywords: Canada; U.K.; Citizenship; Denationalization; Revocation; Citizenship Stripping; Electoral Politics; Terrorism; National Security; Securitization * Professor of Law and Chair in Human Rights, University of Toronto. The author is a Fellow of the Pierre Elliott Trudeau Foundation and a CIFAR Fellow in the Boundaries, Membership and Belonging Program. She gratefully acknowledges the support of these organizations. The author thanks the editors and conference participants for their comments and suggestions. 426 MULTI-DISCIPLINARY PERSPECTIVES ON THE TORONTO 18 TERRORISM TRIALS I. INTRODUCTION n early 2014, the Conservative government of Canada introduced legislation to permit the revocation of Canadian citizenship on national I security grounds.
    [Show full text]
  • Canada's Treatment of Non-Citizens Through the Lens of the United
    Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms —— Le traitement de non-citoyens par le Canada du point de vue des mécanismes onusiens de plaintes émanant de particuliers idil atak and lorielle giffin Abstract Résumé The United Nations (UN) human rights Les organes créés en vertu d’instruments treaty bodies play an important role in des Nations Unies (ONU) relatifs aux defining the scope and the nature of droits de la personne jouent un rôle non-citizens’ rights. This article offers a important dans la définition de la portée critical overview of the UN human rights et de la nature des droits de non-citoyens. case law from 2008 to 2018 pertaining Cet article offre un aperçu critique de la to non-citizens — notably undocu- jurisprudence onusienne, entre 2008 mented migrants, refused asylum seek- et 2018, en matière des droits de la per- ers, and permanent residents ordered sonne des non-citoyens — notamment deported — in Canada. It examines the les migrants sans papiers, les demandeurs jurisprudence of the three UN human d’asile déboutés et les résidents perma- rights treaty bodies recognized by Canada nents sujets à expulsion — se trouvant au as having competence to receive and con- Canada. Plus particulièrement, il examine sider individual complaints — namely, la jurisprudence des trois comités relatifs the UN Human Rights Committee, the aux droits de la personne que le Canada Committee against Torture, and the Com- a reconnu comme compétents pour recev- mittee on the Elimination of Discrimina- oir et examiner les plaintes individuelles, à tion against Women.
    [Show full text]
  • Deepan-Mod-Canada.Pdf
    United Nations CCPR /C/122/D/2264/2013 International Covenant on Distr.: General 29 August 2018 Civil and Political Rights Original: English Human Rights Committee Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2264/2013 *, ** , *** Communication submitted by: Deepan Budlakoti (represented by the Canadian Civil Liberties Association) Alleged victim: The author State party: Canada Date of communication: 4 July 2013 (initial submission) Document references: Decision taken pursuant to rule 97 of the Committee ’s rules of procedure, transmitted to the State party on 10 July 2013 (not issued in document form) Date of adoption of Views: 6 April 2018 Subject matter: Deportation from Canada to India Procedural issues: Exhaustion of domestic remedies; level of substantiation of claims; incompatibility ratione materiae with the provisions of the Covenant Substantive issues: Right to liberty and security of person; right to enter own country; access to justice; right to family life; right to acquire a nationality Articles of the Covenant: 2 (3), 3, 4, 9, 12 (4), 14, 17, 23 (1) and 24 (3) Articles of the Optional Protocol: 2, 3 and 5 (2) (b) 1.1 The author of the communication is Deepan Budlakoti, born in Canada in 1989. The author is subject to deportation to India following the revocation of his permanent resident status by decision of the Immigration and Refugee Board on 8 December 2011. He claims that his deportation would amount to a violation by Canada of his rights under articles 2, 3, * Adopted by the Committee at its 122nd session (12 March –6 April 2018).
    [Show full text]
  • 1 Michael Sullivan St. Mary's University Session: H9(B
    SOME CITIZENS ARE MORE EQUAL THAN OTHERS Michael Sullivan St. Mary‘s University Session: H9(b) – Multiculturalism and Citizenship, 31 May 2017 Canadian Political Science Association Meeting (Note: This is a working draft, please ask for permission prior to citing). Abstract Canada has stood out for its formal constitutional commitments to equal and expansive citizenship protections (Winter 2013, 100). Canada grants citizenship expansively to most persons born subject to its territorial jurisdiction. Canada‘s Charter of Rights and Freedoms also treats naturalized and native-born citizens as equals with the same democratic and mobility rights. But new distinctions are emerging that are threatening the equal status and rights of Canadian citizens, regardless of where they live and how they acquired their citizenship. Here, I argue that the reemergence of the dormant norm of citizenship as allegiance has become the primary mechanism for eroding equal citizenship status in Canada. This raises the specter of casting citizens deemed disloyal out from Canada‘s protection and supervision. I document the erosion of equal citizenship status and rights in Canada under the guise of protecting native-born mono-citizens from security threats. Dual nationals convicted under treason or terrorism charges by foreign governments for anti-regime activities in that country can be subject to expedited citizenship revocation in Canada. These measures raise the danger of denaturalizing native-born citizens without due process. They also run the risk of exporting Canadian citizens charged with war crimes or terrorism-related offenses to countries that lack the capacity or will to prevent them from reoffending. In the interest of justice, national and international security, Canada has a responsibility not to denaturalize war criminals and terrorists, but rather to ensure they are tried in Canadian courts and detained, if convicted, in Canadian prisons.
    [Show full text]
  • Taxing Away Citizenship: Do American-Canadian Dual Citizens Consider Their Status to Be an Inconvenience? by James Eastman-Timmo
    Taxing Away Citizenship: Do American-Canadian dual citizens consider their status to be an inconvenience? by James Eastman-Timmons A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Master of Arts in Sociology Carleton University Ottawa, Ontario ©2015 James Eastman-Timmons ABSTRACT Despite growing tolerance of dual citizenship in an era of globalization, this status continues to be problematized by the governments of both the United States and Canada. This is evident in recent changes to Canadian Bill C-24, in which new grounds have been established to revoke the Canadian citizenship of ‘dual citizens,’ and by recent political discourse, which depicts dual citizens as Canadians of ‘convenience’ with ‘thin’ attachments to the nation. This thesis explores how dual citizenship may instead be ‘inconvenient’ for particular citizen subjects, namely ‘American-Canadians.’ To demonstrate this, twenty-three narratives of current and former ‘American-Canadian’ dual citizens were analyzed. It would seem paradoxical to suggest that an individual with a robust citizenship on each end of the hyphen could experience inconveniences. Nonetheless, I will demonstrate how the citizenship-based tax laws of the United States create insecurities for this population and lead to impulses to renounce this ‘robust’ citizenship. i ACKNOWLEDGEMENTS Throughout my time at Carleton, both as an undergraduate and graduate student, the support of Dr. Daiva Stasiulis has greatly assisted my growth as an academic. I would like to offer my sincerest thanks to Daiva for her care and guidance as a supervisor. As well, I am grateful to have received her helpful ideas and comments on earlier drafts, all of which made this work possible.
    [Show full text]
  • In Defence of Invisiblized Noncitizens: Seeking Justice in the Canadian Immigration Detention System
    In Defence of Invisiblized Noncitizens: Seeking Justice in the Canadian Immigration Detention System by Marie Coligado A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Master of Arts in Sociology Carleton University Ottawa, Ontario © 2018 Marie Coligado Abstract The Canadian immigration detention system is indefinitely holding noncitizens embodying precarious statuses without setting time limits to their deprivation of liberty. Presided over by Immigration Division board members, detention review hearings are supposed to be a means through which they can seek release. This thesis demonstrates, however, that immigration detainees have severely limited access to justice through these quasi-judicial proceedings where the evidentiary burden is shifted on to them. They face overlapping challenges in seeking legal representation while held in immigration holding centres and provincial prisons, including lack of information on their right to counsel, limited Legal Aid funding, and language barriers. Using interviews with lawyers and former detainees, and non-participant observation of detention reviews, this thesis argues immigration detainees are largely invisiblized by their limited access to justice, which is fostered by the Canadian sovereign state and its highly securitized political context that is particularly wary of racialized noncitizens. ii Acknowledgements I would like to thank my co-supervisors, Daiva Stasiulis and Aaron Doyle, for their immense support and patience throughout my research process. Your dedication and enthusiasm towards my academic growth are truly appreciated. I feel fortunate to have been able to work with both of you and receive your kind guidance along the way. Daiva, thank you for always reminding me of the story I sought to share through my thesis.
    [Show full text]
  • Vulnerable: the Law, Policy and Ethics of COVID‑19
    Vulnerable The Law, Policy and Ethics of COVID-19 Edited by Colleen M. Flood, Vanessa MacDonnell, Jane Philpott, Sophie Thériault, and Sridhar Venkatapuram University of Ottawa Press VULNERABLE VULNERABLE The Law, Policy and Ethics of COVID-19 Edited by Colleen M. Flood, Vanessa MacDonnell, Jane Philpott, Sophie Thériault, and Sridhar Venkatapuram University of Ottawa Press 2020 The University of Ottawa Press (UOP) is proud to be the oldest of the francophone university presses in Canada as well as the oldest bilingual university publisher in North America. Since 1936, UOP has been enriching intellectual and cultural discourse by producing peer-reviewed and award- winning books in the humanities and social sciences, in French and in English. www.press.uOttawa.ca Library and Archives Canada Cataloguing in Publication Title: Vulnerable : the law, policy & ethics of COVID-19 / edited by Colleen M. Flood, Vanessa MacDonnell, Sophie Thériault, Sridhar Venkatapuram, Jane Philpott. Other titles: Vulnerable (Ottawa, Ont.) Names: Flood, Colleen M., editor. | MacDonnell, Vanessa, editor. | Thériault, Sophie, 1976- editor. | Venkatapuram, Sridhar, editor. | Philpott, Jane, 1960- editor. Description: Some essays in French. | Includes bibliographical references and index. Identifiers: Canadiana (print) 20200262610 | Canadiana (ebook) 20200262815 | ISBN 9780776636412 (hardcover) | ISBN 9780776636405 (softcover) | ISBN 9780776636429 (PDF) | ISBN 9780776636443 (Kindle) | ISBN 9780776636436 (EPUB) Subjects: LCSH: COVID-19 (Disease)—Social aspects. Classification:
    [Show full text]
  • Analyzing the Multiscalar Production of Borders Through the Various Degrees of State Membership in Canada Farah Zaman a Thesis S
    Analyzing the Multiscalar Production of Borders through the Various Degrees of State Membership in Canada Farah Zaman A thesis submitted to the Faculty of Graduate and Post Graduate Studies in partial fulfillment of the requirements for the Masters of Arts (MA) in Criminology Department of Criminology Faculty of Social Science University of Ottawa © Farah Zaman, Ottawa, Canada, 2017 ii Acknowledgements I would like to take a moment to sincerely thank everyone who has enriched my graduate experience and has been a part of this journey. Your unwavering support and words of encouragement have helped me greatly in achieving my full potential. To my thesis supervisor, Martin Dufresne, I truly appreciate your guidance and thoughtful insights. In addition, thank you to my two evaluators, Professor David Moffette and Professor Maritza Felices-Luna. I’d like to especially thank Professor Moffette for working closely with me each step of the way to produce a unique thesis. Thank you all for pushing me to deliver a unique project and prompting me to think outside the box about the subject matter. Your constructive criticism has allowed me to become a better writer and a researcher. It was truly a privilege to be able to work with you both. To my family, thank you for being my pillar of support over the last two years. I’d like to express my utmost gratitude for your unconditional love and support over the years. Without you, I would not have been able to reach this point. To my friends and colleagues, thank you for keeping me grounded when writing an entire thesis seemed like an impossibly daunting task.
    [Show full text]
  • Race, Security, Dissent and the Canadian Citizenship Story After 9/11
    Far from belonging: Race, Security, Dissent and the Canadian Citizenship Story after 9/11 by Nisha Nath A thesis submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of Political Science University of Alberta © Nisha Nath, 2016 Abstract Have Canadian citizenship discourses and practices fundamentally changed after the terrorist attacks of September 11, 2001? This is the question driving this study. While dominant accounts suggest that 9/11 was wholly transformative, there is no clear consensus both in and outside the academy as to whether we can characterize 9/11 as a fundamental rupture in time. Moreover, amongst those who do posit this moment in time as causally transformative, there is no firm consensus as to the nature of that transformation. To answer the question, this dissertation draws on print media accounts as well as Canadian Federal Court, Federal Court of Appeal, and Supreme Court of Canada decisions between 1980 and 2010. These are used to track three key areas in which the assumptions around governing and citizenship were subject to intense contestation in the post-9/11 context: 1) discourses of multiculturalism, the issue of reasonable accommodation, and the anxiety over the veiling practices of some Muslim women; 2) discourses of civil liberties and the suppression of academic freedom in the context of organizing for Palestinian rights at Canadian universities, and; 3) discourses of security and Canada’s controversial security certificate program. By identifying parallels and continuities across the pre- and post-9/11 periods, this project challenges the dominant understanding that 9/11 constitutes a fundamental shift in politics.
    [Show full text]
  • IMMIGRATION LAW REPORTER Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration VOLUME 27 (Cited 27 Imm
    IMMIGRATION LAW REPORTER Fourth Series/Quatri`eme s´erie Recueil de jurisprudence en droit de l’immigration VOLUME 27 (Cited 27 Imm. L.R. (4th)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF Cecil L. Rotenberg, Q.C. Mario D. Bellissimo, LL.B. Barrister & Solicitor Bellissimo Law Group Don Mills, Ontario Toronto, Ontario Certified Specialist Certified Specialist ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Randolph Hahn, D.PHIL.(OXON), LL.B. Guberman, Garson Toronto, Ontario Certified Specialist CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Directrice des activit´es li´ees au contenu principal Helen Voudouris, B.B.A., LL.B. Acting Product Development Manager Nicole Ross, B.A., LL.B. Jennifer Weinberger, B.A.(HONS.), J.D. Supervisor, Legal Writing Supervisor, Legal Writing Dionne Brown Chambers, B.A., LL.B. Jim Fitch, B.A., LL.B. Senior Legal Writer Senior Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., Heather Niziol, B.A. DEA (PARIS II) Content Editor Bilingual Legal Writer IMMIGRATION LAW REPORTER, a national series of topical law reports, Recueil de jurisprudence en droit de l’immigration, une s´erie nationale de is published twelve times per year. Subscription rate $426 per bound volume recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par anne´e. including parts. Indexed: Carswell’s Index to Canadian Legal Literature. L’abonnement est de 426 $ par volume reli´e incluant les fascicules. Indexa- tion : Index `a la documentation juridique au Canada de Carswell. Editorial Offices are also located at the following address: 430 rue St.
    [Show full text]
  • A Critical Discourse Analysis of the Immigration and Refugee Protection Act
    Wilfrid Laurier University Scholars Commons @ Laurier Sociology Major Research Papers Sociology 2015 ‘Stranger Danger’: A Critical Discourse Analysis of the Immigration and Refugee Protection Act Matt Jantzi Follow this and additional works at: https://scholars.wlu.ca/soci_mrp Part of the Social Control, Law, Crime, and Deviance Commons Recommended Citation Jantzi, Matt, "‘Stranger Danger’: A Critical Discourse Analysis of the Immigration and Refugee Protection Act" (2015). Sociology Major Research Papers. 6. https://scholars.wlu.ca/soci_mrp/6 This Article is brought to you for free and open access by the Sociology at Scholars Commons @ Laurier. It has been accepted for inclusion in Sociology Major Research Papers by an authorized administrator of Scholars Commons @ Laurier. For more information, please contact [email protected]. ‘Stranger Danger’: A Critical Discourse Analysis of the Immigration and Refugee Protection Act by Matt Jantzi MA in Sociology, Wilfrid Laurier University, 2014 Major Research Paper (MRP) Submitted to the Department/Faculty of Sociology in partial requirements for Master of Arts Wilfrid Laurier University 2014 © Matt Jantzi 2014 Abstract This paper examines a major federal migrant policy within Canada, the Immigration and Refugee Protection Act (IRPA), as a discursive mechanism that I argue perpetuates racializing identities of immigrants and refugees. By performing a Critical Discourse Analysis (CDA) of the IRPA, a number of themes are identified that construct immigrants and refugees in both racializing and securitizing terms. General themes from the Charter of Rights and Freedoms are then used to interrogate these identified themes within the IRPA. I conclude by suggesting that implementing and emphasizing humanitarian discourse within the IRPA can dislodge controversial security measures from operating within a space of legal exception to the Charter.
    [Show full text]