Book Description

Does the Agreement represent avoidance or evasion of Canada's international obligations? Are such nuanced distinctions even appropriate in the domain of human rights - where the stakes are not money - but liberty, security and life itself? In the context of the Agreement, the relevance of these questions turns on the extent to which the protection that this Agreement allows Canada to withhold can. [...] 60 of the Immigration and Refugee Pro- tection Act affirms the principle that "a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria including the best interests of the child." The best interests of the child do not formally constrain migration-related deci- sions in the US. [...] The UNHCR now tentatively supports measures to "ensure an appropriate allocation of States responsibility for determining refuge status."29 The more contentious aspect of this seg- ment of the Preamble are the putative correla- tions between the Agreement and the "orderly handling of asylum applications," and between the Agreement and "burden sharing." The phrase "burden sharing" portrays refugees. [...] Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries. [...] Section 3(3)(e) of the Immigration and Refugee Protection Act states that the Act should be interpreted and applied in a manner that "supports the commitment of the Government of Canada to enhance the vitality of the English and French linguisitic minority communities in Canada." 21.