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33 McGill L. J. 676 (1987-1988)
Selective Concern: An Overview of Refugee Law in Canada

handle is hein.journals/mcgil33 and id is 688 raw text is: Selective Concern: An Overview of Refugee Law in Canada James C. Hathaway* Until the middle of this century, Canada had no law expressly directed to the admission of refugees: displaced and persecuted persons were subject to the general immigration scheme, which was designed primarily to promote Canada's domestic economic inter- ests. In this article, the author traces the ev- olution of Canada's refugee law, and evaluates it in the context of Canada's inter- national obligations and espoused humani- tarian concerns. The author argues that refugee law in Canada has evolved as an out- growth of the traditional policy of promoting immigration in the interest of domestic eco- nomic development. It is suggested that while Canada's commitment to its ideologi- cal allies and to the advancement of inter- national human rights law have attenuated the narrowness of this focus on self-interest, domestic advantage remains the cornerstone of Canadian refugee policy. Jusqu'au milieu du si~cle, le Canada ne comptait aucune legislation consacre ex- press~ment a l'admission des r~fugi~s: les personnes d~plac~es et pers6cut6es 6taient su- jettes au processus g6n~ral d'admission qui 6tait alors principalement destin6 a promou- voir les intr~ts 6conomiques du pays. L'au- teur d~crit l'6volution du droit des r6fugi~s au Canada, puis 6value ce droit en rapport avec les obligations internationales et les pr6- occupations humanitaires du Canada. l'au- teur avance que l'volution du droit des r~fugi~s au Canada est une extension de la politique traditionnelle de promotion do l'immigration dans l'int~rt du d6veloppe- ment 6conomique de Ia nation. Bien que 'en- gagement du Canada envers ses alli6s id~ologiques et l'avancement des droits de In personne ait att~nu6 la tendance A limiter le droit des rfugi~s au service de ses int6rts lgitimes, l'auteur croit que les avantages 6co- nomiques sont encore A la base du droit des r~fugi~s au Canada. Author's Note Since this article went to press, the legislative reform of the inland refugee determination system (discussed at part 6.0) has been completed. As a result of Senate intervention, the amendments to the Immigration Act, 1976 discussed in this article were attenuated in several important respects. First, the ability of the Minister to interdict ships at sea was substantively constrained and made subject to a sunset clause, as a result of which this power will end six months after the new determination system is in place. Second, the exclusion of refugee claimants who arrive from safe countries now applies only to persons who would either be allowed to return to that country or who have the right to have the merits of their claims determined in that country. The authority of Cabinet to prescribe the list of countries deemed safe was retained, although the relevant standard of reference was explicitly stated to be the record of the state in the protection of refugees against refoulement. Finally, evidence of a good human rights record in the claimant's country of origin and of the negative disposition of claims by other persons from the claimant's country of origin are no longer dispositive of an application for refugee status, but are now factors to be considered in addition to any evidence adduced at the hearing, including the testimony of the refugee claimant. The relevant portion of part 6.0 of this article will be discussed in a note to be published in volume 34 of the McGill Law Journal. It will provide readers with details of these changes, as well as pertinent references to the newly re-numbered sections of the Immigration Act, 1976. *Associate Professor of Law, Osgoode Hall Law School of York University, Toronto. This analysis is based on the law as of August 1987. Submitted in partial fulfilment of the require- ments for the degree of Doctor of the Science of Law in the Faculty of Law, Columbia University.

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