scholarly journals Alternative Fact? More Democratic States Are More Likely to Provide Refugee Protection

2017 ◽  
Author(s):  
Benjamin Perryman

Democracy is explicitly engaged in two aspects of the Canadian refugee determination process: state protection findings and Designated Country of Origin determinations. Democracy is also implicitly engaged in the selection of countries as so-called “safe countries.” This article reviews the literature on measuring the level of democracy in a given state, and the empirical evidence linking this level to a state’s willingness and ability to provide adequate protection to its citizens. The article argues that the Federal Court of Appeal was misguided in taking judicial notice of a correlation between the level of democracy in a given state and its ability to provide state protection. The article also reviews and questions the use of “democratic governance” as a factor in Immigration, Refugees and Citizenship Canada’s Designated Country of Origin regime, as well as the implicit use of democracy in designating the United States as a “safe” country under the Safe Third Country Agreement. The article contends that the time has come to reconsider how democracy measurements are used in Canada’s refugee determination process, and advocates for an individualized approach to state protection determinations: one that eschews the alternative fact presumption of a connection between democracy and protection, and instead focuses on the protective mechanisms available to a refugee claimant based on their unique circumstances.

Author(s):  
Rejean Ghanem

The Designated Country of Origin (DCO) policy was a political response to unwanted migration in Canada. Adapted from Europe, Harper took a liking to the EU’s SCO policy after Canada received a large influx of Middle Eastern and Balkan refugees seeking asylum. He adapted it in Canada, renaming it Designated Country of Origin (DCO). Under the DCO, the government of Canada would decide if a refugee's country of origin was dangerous enough to be considered for asylum. If the asylum seekers country is determined as safe, that person would be disregarded and sent back to their country of origin. Many refugees who had already settled in Canada had their files reopened and were told to return to their country of origin. The DCO policy became an integral part of the refugee status determination process in Canada to which some regarded as faulty, inefficient, and unjust. In 2019, the SCO was deemed unconstitutional and violated The Canadian Charter of Rights and Freedoms. Ahmed Hussen, Minister of Immigration, wanted to create an asylum system that was considered fair and efficient. While it is important for an asylum seeker to prove they are truthful about the facts of their case, the DCO policy represents a climate of hostility towards migrants in Canada. In this piece, it will be argued that the DCO policy is a discriminatory migration tool used to “weed out” what the government deems as fake migrants. This policy could deny international protection to those who are genuinely in need. The DCO proves that the nation has a misleading reputation of being welcoming to all who come. The DCO threatened the human rights of asylum seekers who sought refuge in Canada. 


Refuge ◽  
2004 ◽  
pp. 108-118
Author(s):  
Michael Bossin ◽  
Laila Demirdache

Canadian decision makers refer so regularly to the bipartite nature of the test for persecution in refugee claims that one rarely gives the matter a second thought. After all, the Supreme Court of Canada in Ward clearly affirmed that a refugee claimant must subjectively fear persecution, and this fear must be wellfounded in an objective sense. In this article, the authors focus on the meaning and validity of the subjective aspect of the bipartite test. It is especially appropriate to do so at this time, given the introduction of the term “person in need of protection” in section 97 of the Immigration and Refugee Protection Act, and recent Federal Court decisions holding that the subjective fear is not a requirement in section 97 cases. Looking at the issue of subjective fear from historical, psychological, and legal perspectives, the authors argue: (a) that the drafters of the UN Convention never intended claimants to be “subjectively afraid” in order to qualify for protection; (b) determining an asylum seeker’s state of mind presents a minefield of potential problems for decision makers; and (c) given the new IRPA provisions dealing with persons in need of protection, the question is not whether there is a bipartite test for determining well-founded fear, but whether, indeed, there ought to be such a test.


2016 ◽  
Author(s):  
Marc-Aurele Racicot

These days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits.


2017 ◽  
Vol 5 (2) ◽  
pp. 379-400 ◽  
Author(s):  
Brad Blitz

The global reaction to US President Donald Trump's executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States” of January 27, 2017,1 revealed great public sympathy for the fate of refugees and the principle of refugee protection. In the case of Europe, such sympathy has, however, been dismissed by politicians who have read concerns regarding security and integration as reason for introducing restrictive policies on asylum and humanitarian assistance. These policies are at odds with public sentiment. Drawing upon public opinion surveys conducted by Amnesty International, the European Social Survey (ESS), and Pew Global Attitudes Survey across the European Union and neighboring states, this article records a marked divide between public attitudes towards the treatment of refugees and asylum seekers and official policies regarding asylum and humanitarian assistance, and seeks to understand why this is the case. The article suggests that post-9/11 there has been a reconfiguration of refugee policy and a reconnecting of humanitarian and security interests which has enabled a discourse antithetical to the universal right to asylum. It offers five possible explanations for this trend: i) fears over cultural antagonism in host countries; ii) the conflation of refugees and immigrants, both those deemed economically advantageous as well as those labelled as “illegal”; iii) dominance of human capital thinking; iv) foreign policy justification; and v) the normalization of border controls. The main conclusion is that in a post-post-Cold War era characterized in part by the reconnecting of security and humanitarian policy, European governments have developed restrictive policies despite public sympathy. Support for the admission of refugees is not, however, unqualified, and most states and European populations prefer skilled populations that can be easily assimilated. In order to achieve greater protection and more open policies, this article recommends human rights actors work with the United Nations High Commissioner for Refugees (UNHCR) and its partners to challenge the above discourse through media campaigns and grassroots messaging. Further recommendations include: • Challenging efforts to normalize and drawing attention to the extreme and unprecedented activities of illegal and inhumane practices, e.g., detention, offshore processing, and the separation of families through the courts as part of a coordinated information campaign to present a counter moral argument. • Identifying how restrictive asylum policies fail to advance foreign policy interests and are contrary to international law. • Evidencing persecution by sharing information with the press and government agencies on the nature of claims by those currently considered ineligible for refugee protection as part of a wider campaign of information and inclusion. • Engaging with minority, and in particular Muslim, communities to redress public concerns regarding the possibility of cultural integration in the host country. • Clarifying the rights of refugees and migrants in line with the UNHCR and International Organization for Migration (IOM) guidelines and European and national law in order to hold governments to account and to ensure that all — irrespective of their skills, status, nationality or religion — are given the opportunity to seek asylum. • Identifying and promoting leadership among states and regional bodies to advance the rights of refugees.


2020 ◽  
Author(s):  
Arlette Vila ◽  
Elizabeth C Pomeroy

Abstract The purpose of the study was to explore the effects of violence on trauma among forced-immigrant women from the northern triangle of Central America (NTCA) resulting from direct and indirect violence in their country of origin and during the migratory journey through Mexico. In trauma theory the concept of compounding stressors is an important framework for understanding aspects of human development, especially among low-socioeconomic-status and oppressed populations. Authors hypothesized that violence would have an impact on trauma and conducted interviews with 108 women ages 18 to 65 from the NTCA who traveled by land across Mexico before entering the United States. A survey instrument captured demographic information and types of violence experienced in the home country and during the migratory journey. A standardized screening tool was used to measure trauma symptoms. A hierarchical regression model for trauma was entered in the following order: (a) demographics and (b) violence. Violence was found to be a significant predictor for trauma. Findings suggest that having experienced violence in the country of origin and through the migratory journey had a powerful role in predicting trauma symptoms among immigrant women from the NTCA.


2021 ◽  
Vol 9 (1) ◽  
pp. 232596712096990
Author(s):  
Omeet Khatra ◽  
Armita Shadgan ◽  
Jack Taunton ◽  
Amir Pakravan ◽  
Babak Shadgan

Background: Although citation analysis is common in many areas of medicine, there is a lack of similar research in sports and exercise medicine. Purpose: To identify and examine the characteristics of the 100 top cited articles in the field of sports and exercise medicine in an effort to determine what components make an article highly influential. Study Design: Cross-sectional study. Methods: The Web of Science, Scopus, and PubMed databases were used to determine the 100 top cited articles from 46 journals in the field of sports and exercise medicine. Each of the 100 articles was then analyzed by 2 independent reviewers, and results were compared. Basic information was collected, including journal title, country of origin, and study type. Different categories were compared using descriptive statistics of counts or percentages. Results: The 100 top cited articles were published in 15 of the 46 identified sports and exercise medicine journals, with the most prolific being Medicine and Science in Sports and Exercise (n = 49), American Journal of Sports Medicine (n = 18), and Sports Medicine (n = 7). In terms of country of origin, the top 3 contributors were the United States (n = 65), Canada (n = 9), and Sweden (n = 8). The most commonly researched anatomic areas were the knee (n = 15) and the brain (n = 3). Narrative reviews were the most common study type (n = 38), and only a single study on the 100 top cited articles list used a randomized controlled trial design. The most prevalent fields of study were exercise science (55% of articles) and well-being (16% of articles). Conclusion: Narrative reviews from the United States and published in English-language journals were the most likely to be highly cited. In addition, the knee was a common anatomic area of study on the top cited list of research in sports and exercise medicine


2020 ◽  
Vol 7 (Supplement_1) ◽  
pp. S563-S563
Author(s):  
Kenneth A Valles ◽  
Lewis R Roberts

Abstract Background Infection by hepatitis B and C viruses causes inflammation of the liver and can lead to cirrhosis, liver failure, and hepatocellular carcinoma. The WHO’s ambition to eliminate viral hepatitis by 2030 requires strategies specific to the dynamic disease profiles each nation faces. Large-scale human movement from high-prevalence nations to the United States and Canada have altered the disease landscape, likely warranting adjustments to present elimination approaches. However, the nature and magnitude of the new disease burden remains unknown. This study aims to generate a modeled estimate of recent HBV and HCV prevalence changes to the United States and Canada due to migration. Methods Total migrant populations from 2010-2019 were obtained from United Nations Migrant Stock database. Country-of-origin HBV and HCV prevalences were obtained for the select 40 country-of-origin nations from the Polaris Observatory and systematic reviews. A standard pivot table was used to evaluate the disease contribution from and to each nation. Disease progression estimates were generated using the American Association for the Study of the Liver guidelines and outcome data. Results Between 2010 and 2019, 7,676,937 documented migrants arrived in US and Canada from the selected high-volume nations. Primary migrant source regions were East Asia and Latin America. Combined, an estimated 878,995 migrants were HBV positive, and 226,428 HCV positive. The majority of both migrants (6,477,506) and new viral hepatitis cases (HBV=840,315 and HCV=215,359) were found in the United States. The largest source of HBV cases stemmed from the Philippines, and HCV cases from El Salvador. Conclusion Massive human movement has significantly changed HBV and HCV disease burdens in both the US and Canada over the past decade and the long-term outcomes of cirrhosis and HCC are also expected to increase. These increases are likely to disproportionally impact individuals of the migrant and refugee communities and screening and treatment programs must be strategically adjusted in order to reduce morbidity, mortality, and healthcare expenses. Disclosures All Authors: No reported disclosures


1998 ◽  
Vol 92 (1) ◽  
pp. 41-43
Author(s):  
Andreas F. Lowenfeld

In the April 1997 issue of the Journal, I reported on three cases in which the response to an action brought in the court of one country led not to an answer, but to a countersuit in another country—for an antisuit injunction, a declaration of nonliability or both. One of the cases I discussed arose out of a controversy between an asbestos manufacturer, CSR, and a group of insurance companies, the Cigna Group, that may or may not have been obligated to defend and indemnify the manufacturer in respect of claims in the United States for product liability. The manufacturer brought suit in federal court in New Jersey, raising both contract and antitrust claims. The insurers, as I reported, succeeded in securing an antisuit injunction in the Supreme Court of New South Wales (a court of first instance), and thereafter in defeating a motion by the manufacturer to stay or dismiss, on grounds of forum non conveniens, the insurers’ action seeking a declaration of nonliability. I thought that outcome was wrong: in my view, the Australian court should not have stepped into the controversy, and the insurers should have brought their challenge to the jurisdiction and suitable venue of the New Jersey court in that court.


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