Canada and its history of discrimination and persecution
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Note 59 The term "discrimination" is not adequate to describe behaviour which includes acts of violence and death threats. Throughout his political career, Duplessis courted the support of the Church. Minister of Employment and Immigration , I. This would include child and family counselling, family-based addictions treatment and cultural identity programs. This application was granted by the Federal Court of Appeal, which set aside the decision and referred the matter back to the Board for reconsideration. Reported: Arguello-Garcia v. Note 33 The Trial Division, in a number of cases has regarded domestic abuse as persecution.
Previous to this there was the case of R. Note 82 By itself, confiscation of property is not sufficiently grave to constitute persecution.
It found that the appellant was a credible witness and therefore accepted that he had a legitimate fear of persecution. Similar considerations apply to other bases of persecution.
Torture, beatings and rape are prime examples of persecution.
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Canadian Charter of Rights and Freedoms, s. Canada Minister of Citizenship and Immigration , 36 Imm. With respect to "unable", it would appear that physical or literal impossibility is one means of triggering the definition, but it is not the only way. The revised draft proposed by the United Kingdom did not qualify the word "persecution" in any way, though it did make reference to state authorities in requiring that the claimant "does not wish to return to that country for good and sufficient reason or is not allowed by the authorities of that country to return there"; see UN doc. These groups were invariably lumped together by public officials and the general public. Crane, Q. The recommendations of the Bilingualism and Biculturalism Commission and the introduction of a more just Immigration Policy in the s — as well as the increasing globalization of the s — resulted in a shift from largely European immigration to a greater inflow of Asian immigrants. Reported: Jebnoun v. The City of Quebec[ edit ] Main article: Saumur v. Canada Minister of Employment and Immigration , 39 Imm. It nurtured the young people of Quebec, in language and faith; and at the same time it endorsed the legitimacy of British rule and of the established economic order. The Court of Appeal has observed that "the dividing line between persecution and discrimination or harassment is difficult to establish. Repetition and Persistence A second criterion of persecution is that the inflicting of harm occurs with repetition or persistence, or in a systematic way. By the s, the 40, black people in Canada included descendants of slaves in New France, Loyalists , Jamaican Maroons, American refugees from the War of , and fugitives who came to Upper Canada to escape slavery. Between and the Second World War , French Canadian nationalists charged that large-scale immigration particularly since little of it was French-speaking was an English Canadian plot to undermine the status of French Canada.
On the latter question, the Board found the authorities inconclusive but ruled that the definition does not necessarily contemplate state complicity in the persecution of a claimant, and, at p. Students and staff at St.
It is clear that the lynch-pin of the analysis is the state's inability to protect: it is a crucial element in determining whether the claimant's fear is well-founded, and thereby the objective reasonableness of his or her unwillingness to seek the protection of his or her state of nationality.
See Kim, Jae Wook v.
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The Court of Appeal again considered the dichotomy in Zalzali v. The drafters' decision to list these bases was intended to function as another built-in limitation to the obligations of signatory states. The federal and provincial governments could not agree on who should pay for his at-home care in Winnipeg because Jordan was a First Nations child whose family lived on reserve, and so his discharge was delayed. In the Alberta government passed a law banning all land sales to Hutterites for the duration of the war, and from to Alberta legislation restricted the amount of land Hutterite colonies could own, and the areas of the province into which they could expand. Bennett used deportation as a way of thwarting support for the communists. Its objective of obtaining specific political goals by any means, including violence, cannot be said to be so fundamental to the human dignity of its members that it constitutes a "particular social group". Canada Minister of Employment and Immigration ,  3 S. The presumption is not a great leap. Being unable to avail himself of such protection implies circumstances that are beyond the will of the person concerned. Membership of such a particular social group may be at the root of persecution because there is no confidence in the group's loyalty to the Government or because the political outlook, antecedents or economic activity of its members, or the very existence of the social group as such, is held to be an obstacle to the Government's policies. The presumption was of some importance to the Board in this case. Subsequent cases from European courts of nations party to the Convention have recognized, for example, the "capitalist class" and "independent businessmen" and their families as valid social groups in granting refugee status to persons fleeing Eastern Europe. I never anticipated that the government would fight against the equality of children so vigorously, using legal technicalities and questionable conduct. The persecution he alleged to have feared was a risk to his life if incarcerated in a federal prison. During the late 19th and early 20th centuries, the belief in progress and in white superiority was taken for granted throughout the Western world.
This is a message that can be difficult to hear or believe. This theme outlines the boundaries of the objectives sought to be achieved and consented to by the delegates. In this case, the presumption was apparently of some importance to the Board.
Takkenberg, Alex and Christopher C.
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