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In the 2007 case of Charkaoui v.Canada (Citizenship and Immigration), [5] Chief Justice Beverley McLachlin held that certain aspects of the scheme contained within the Act for the detention of permanent residents and foreign nationals on the grounds of national security violate s. 7 of the Canadian Charter of Rights and Freedoms by "allowing the issuance of a certificate of inadmissibility ...
The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.
The IRB and various scholars of Canadian refugee law have identified two key Supreme Court of Canada decisions that have helped delineate the definition of PSG: Canada (Attorney General) v. Ward (1993) and Chan v. Canada (Minister of Employment and Immigration) (1995). [5] [11] [12] [13]
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of ...
The decision in Canada (AG) v Ward explicitly named women, children, and sexual minorities as groups protected under the “particular social group” clause of the 1951 Refugee Convention. [2] The rationale for naming these particular groups was that gender, age, and sexual orientation are “immutable characteristics.”
The Canadian Human Rights Act [1] (French: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds.
The Canadian Charter of Rights and Freedom is its guiding light in enforcing immigration policies and laws, and preserving human rights. The below list of acts and regulations highlights the guiding principles for IRCC's operations and dealings with other organizations, both in Canada and abroad.
The events leading up to World War II, and the genocidal practices of the Nazi government of Germany, had a major effect on the protection of human rights in Canada. Tommy Douglas, at that time a Member of Parliament from Saskatchewan, was in Europe in 1936 and witnessed the Nuremberg Rally of that year, which had a significant effect on him. [116]