The Value(s) of the Canada-US Safe Third Country Agreement - by - Audrey Macklin


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.




Violent Geographies


Book Description

"Violent Geographies is essential to understanding how the politics of fear, terror, and violence in being largely hidden geographically can only be exposed in like manner. The 'War on Terror' finally receives the coolly critical analysis its ritual invocation has long required." —John Agnew, Professor of Geography, UCLA "Urgent, passionate and deeply humane, Violent Geographies is uncomfortable but utterly compelling reading. An essential guide to a world splintered and wounded by fear and aggression—this is geography at its most politically engaged, historically sensitive, and intellectually brave." —Ben Highmore, University of Sussex "This is what a ‘public geography’ should be all about: acute analysis of momentous issues of our time in an accessible language. Gregory and Pred have assembled a peerless group of critical geographers whose essays alter conventional understandings of terror, violence, and fear. No mere gazetteer, Violent Geographies shows how place, space and landscape are central components of the real and imagined practices that constitute organised violence past and present. If you thought terror, violence, and fear were the professional preserve of security analysts and foreign affairs experts this book will force you to think again." —Noel Castree, School of Environment and Development, Manchester University "A studied, passionate and moving examination of the way in which the violent logics of the ‘War on Terror’ have so quickly shuttered and reorganized the spaces of this planet on its different scales. From the book emerges a critical new cartography that clearly charts an archipelago of a large multiplicity of ‘wild’ and ‘tamed’ places as well as ‘black holes’ within and between which we all struggle to live." —Eyal Weizman, Director, Goldsmiths College Centre for Research Architecture




Migration Governance in North America


Book Description

Millions of people arrive in North America each year, including highly skilled immigrants and temporary workers, refugees, and international students. Migration, border control, and asylum are ongoing flashpoints in Canadian, American, and Mexican relations, and deeply affect the domestic politics and economies of each country. While migration has emerged as an only increasingly charged topic in public discourse, research has largely focused on North America’s lack of regional integration around mobility, often neglecting aspects of regional cooperation, hierarchy, and global engagement. Migration Governance in North America advances that conversation by examining the complex dynamics of mobilities across the continent through contemporary analysis and historical context. Situating North America within the global migration landscape, contributors from Canada, the United States, Mexico, and Europe unpack such issues as temporary labour mobility, border security, asylum governance, refugee resettlement, and the role of local actors and activists in coping with changing policies and politics. In the wake of a series of significant and likely enduring changes across the continent this flagship volume puts policy developments and migrant organizing in conversation across borders, investigates often contentious domestic, regional, and global migration politics, and reveals how intersecting policy frameworks affect the movement of people.




Forced Migration in/to Canada


Book Description

Forced migration shaped the creation of Canada as a settler state and is a defining feature of our contemporary national and global contexts. Many people in Canada have direct or indirect experiences of refugee resettlement and protection, trafficking, and environmental displacement. Offering a comprehensive resource in the growing field of migration studies, Forced Migration in/to Canada is a critical primer from multiple disciplinary perspectives. Researchers, practitioners, and knowledge keepers draw on documentary evidence and analysis to foreground lived experiences of displacement and migration policies at the municipal, provincial, territorial, and federal levels. From the earliest instances of Indigenous displacement and settler colonialism, through Black enslavement, to statelessness, trafficking, and climate migration in today’s world, contributors show how migration, as a human phenomenon, is differentially shaped by intersecting identities and structures. Particularly novel are the specific insights into disability, race, class, social age, and gender identity. Situating Canada within broader international trends, norms, and structures – both today and historically – Forced Migration in/to Canada provides the tools we need to evaluate information we encounter in the news and from government officials, colleagues, and non-governmental organizations. It also proposes new areas for enquiry, discussion, research, advocacy, and action.




Overview of the Canada-United States Safe Third Country Agreement


Book Description

"Canada's cooperation with the United States of America (U.S.) on matters relating to people claiming refugee protection has been a subject of significant debate over the past several decades. This paper provides an overview of the 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, commonly referred to as the Canada-U.S. Safe Third Country Agreement (STCA). It examines the fundamental aspects of the STCA, the historical and international context of the safe third country concept, and the legal challenges that the STCA has faced since its implementation. It also considers potential changes to the agreement in light of recent increases in irregular border crossings, the temporary border closure during the COVID-19 pandemic, and a July 2020 decision by the Federal Court of Canada that found the STCA to be unconstitutional"--Introduction, page 1.




Citizenship in Transnational Perspective


Book Description

This edited collection brings together leading and emerging international scholars who explore citizenship through the two overarching themes of Indigeneity and ethnicity. They approach the subject from a range of disciplinary perspectives: historical, legal, political, and sociological. Therefore, this book makes an important and unique contribution to the existing literature through its transnational, inter- and multidisciplinary perspectives. The collection includes scholars whose work on citizenship in settler societies moves beyond the idea of inclusion (fitting into extant citizenship regimes) to innovative models of inclusivity (refitting existing models) to reflect the multiple identities of an increasingly post-national era, and to promote the recognition of Indigenous citizenships and rights that were suppressed as a formative condition of citizenship in these societies.




The Death of Asylum


Book Description

Investigating the global system of detention centers that imprison asylum seekers and conceal persistent human rights violations Remote detention centers confine tens of thousands of refugees, asylum seekers, and undocumented immigrants around the world, operating in a legal gray area that hides terrible human rights abuses from the international community. Built to temporarily house eight hundred migrants in transit, the immigrant “reception center” on the Italian island of Lampedusa has held thousands of North African refugees under inhumane conditions for weeks on end. Australia’s use of Christmas Island as a detention center for asylum seekers has enabled successive governments to imprison migrants from Asia and Africa, including the Sudanese human rights activist Abdul Aziz Muhamat, held there for five years. In The Death of Asylum, Alison Mountz traces the global chain of remote sites used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical ideal. Through unprecedented access to offshore detention centers and immigrant-processing facilities, Mountz illustrates how authorities in the United States, the European Union, and Australia have created a new and shadowy geopolitical formation allowing them to externalize their borders to distant islands where harsh treatment and deadly force deprive migrants of basic human rights. Mountz details how states use the geographic inaccessibility of places like Christmas Island, almost a thousand miles off the Australian mainland, to isolate asylum seekers far from the scrutiny of humanitarian NGOs, human rights groups, journalists, and their own citizens. By focusing on borderlands and spaces of transit between regions, The Death of Asylum shows how remote detention centers effectively curtail the basic human right to seek asylum, forcing refugees to take more dangerous risks to escape war, famine, and oppression.




Containing Diversity


Book Description

Although Canada is known internationally as a leader among industrialized countries for inclusive practices towards immigrants and refugees, the twenty-first century has witnessed a rise in the number of refugees and temporary migrant workers who are often denied citizenship and may also experience detention and deportation. Containing Diversity examines to what extent Canada’s long-standing support for immigration, multiculturalism, and citizenship has shifted in favour of discourses, policies, and practices that "contain" diversity. This book reflects on how diversity is being "contained" through practices designed to insulate the Canadian settler-colonial state. In assessing the Canadian government’s policies towards refugees and asylum seekers, economic migrants, family-class migrants, temporary foreign workers, and multiculturalism, the authors show the various contradictory practices in effect. Containing Diversity reflects on policy changes, analysed alongside the resurgence of right-wing political ideology and the realities of the COVID-19 pandemic. Ultimately, Containing Diversity highlights the need for a re-imagining of new forms of solidarity that centre migrant and Indigenous justice.




Refugee Pathways to Freedom


Book Description

Janet Mancini Billson provides extended interviews with Russian, Bhutanese, Rohingya, and Kurdish refugees, and the resettlement workers who smooth their transition into Canada, in order to paint a complex picture of creating a new life in a new land. Refugee Pathways to Freedom: Escaping Persecution and Statelessness shows how the agonies of losing one’s home and leaving loved ones behind are coupled with the dangers of escaping into unknown territory, and that those who make the journey to freedom know that the dream of a safe and secure future is fraught with risks and disappointment. She argues that refugees and refugee agencies bring powerful ideas for revamping an overwhelmed global system that freezes victims of persecution in years of political and emotional limbo. She examines how shrinking refugee flows by addressing root causes of displacement is critical, but so is speeding up selection processes to reduce despair and lost years. She further posits that drastically limiting time in refugee camps would prevent counterproductive education and work gaps and that reducing language barriers to employment ensures well-being and successful integration.




Rooted Cosmopolitanism


Book Description

Canadians take pride in being good citizens of the world, yet our failure to meet commitments on the global stage raises questions. Do Canadians need to transcend national loyalties to become full global citizens? Is the very idea of rooted cosmopolitanism simply a myth that encourages complacency about Canada’s place in the world? In this volume, leading scholars assess both in theory and practice the concept of rooted cosmopolitanism, using Canada as a test case. They show that local identities such as patriotism and Quebec nationalism can, but need not, conflict with cosmopolitan principles. Local ties enable and impede Canada’s global responsibilities in areas such as multiculturalism, climate change, immigration and refugee policy, and humanitarian intervention. By examining how Canada has negotiated its relations to “the world” both within and beyond its own borders, Rooted Cosmopolitanism evaluates the possibility of reconciling local ties and nationalism with commitments to human rights, global justice, and international law.