PPAS 3160 ACW 106 Course Overview:

Transcription

1 PPAS 3160 ACW 106 Refugee Policy, Administration and Status Determination in Canada Summer 2015 Tuesdays and Thursdays 4:00 7:00 pm Course Director Professor Kirk Atkinson Office Hours: Thursdays 2:30-3:50 pm Or by Appointment Course Overview: This course will critically analyze and assess the context, formulation, ratification and implementation of refugee policy, administration, and status determination in Canada. It will examine the participants and institutional actors, both governmental and societal, at the federal, provincial, local, and international levels, and the underlying dynamics and processes that drive the outcomes in this public policy field in Canada. The course will examine, in depth, the refugee status determination system in Canada, the Resettlement from Outside Canada program, including, Convention Refugees Abroad Class, Country of Asylum Class, and Source Country Class; the Sponsoring Refugees program; the central role of the Federal Court and the Supreme Court of Canada in defining who is a refugee, and the role of the UNCHR, and other UN agencies, and international organizations in not only participating in Canada's refugee programs but also setting the policy agenda and influencing refugee policy in Canada. The course will begin with an examination of the history of refugee policy in Canada. It will review and analyze the 2002 "Immigration and Refugee Protection Act," the role of Citizenship and Immigration Canada (CIC) and the Immigration and Refugee Board of Canada (IRB) in the formation and implementation of refugee policy. The course will also review and analyze Canada's overseas operations and its work in refugee camps in different parts of the world. The course will also examine the role of the lawyers and immigration consultants in the refugee status determination system and their respective associations and regulatory bodies, such as, the Immigration Section of the Canadian Bar Association and law societies (e.g., the Law Society of Upper Canada) and the Canadian Society of Immigration Consultants (CSIC). It will also examine the role of the Canadian Council of Refugees (CCR) and other NGOs, including, community based organizations, such as, FCJ Refugee Centre, Romero House and Sojourn House, that provide shelter and counselling services to those newly arrived in Canada seeking asylum. The course will explore and analyze how refugee policy is affected and shaped by broader political movements and forces in Canada, such as, political parties, pressure groups, the media, and the public at large. Overall, the course will provide students with an in depth understanding and appreciation of the context and the various actors, institutions, and processes that formulate, ratify and implement refugee policies in Canada. 1

2 Assignment and Evaluation: Participation and Attendance including submitting briefing notes websites search relating to refugee advocacy: 20% Annotated Bibliography related to your research paper eight sources: 20% Research Paper: Topic will be assigned: 40% Final Exam 20% 2

3 May 19 Introduction to the course May 21 Lecture 1: Forced Migration and the Refugee in Historical perspective Hathaway, James. (2007). Forced migration Studies: Could we agree just to date. Journal of Refugee Studies. Vol. 20. No.3. Martin, D. A, (1991) The Refugee Concept: On Definition, Politics and the Careful Use of a Scarce Resource. In Adelman, H. (ed.) Refugee Policy: Canada and the United States. Toronto: York Lanes Press. Shacknove, A. (1985) Who is Refugee. Ethics 95 (2) May 26 Lecture 2: -- the history of refugee policy and its administration in Canada Carasco, Emily, et al (2007). Chapter 1: Context. Pp In Immigration and Refugee Law. Toronto, On: Emond Montgomery Publication Ltd. Jones, Martin and Baglay, Sasha (2007). Canadian Refugee Policy. In Refugee Law. Toronto, On: Irwin Law May 28 Lecture 3: -- Refugees: International Regime Formation Carasco, Emily, et al (2007). Chapter 8: Refugees: The International Context. In Immigration and Refugee Law. Toronto, On: Emond Montgomery Publication Ltd. Convention Relating to the Status of the Refugees 1951) Protocol Relating to the Status of Refugees (1967) Jun 02 Lecture 4: -- The central roles of Citizenship and Immigration Canada and the External Affairs and International Trade Canada in formulating, implementing and evaluating refugee programs Jun 04 Lecture 5: -- The key quasi-judicial role of the Canadian Immigration and Refugee Board of Canada in determining who is a refugee in Canada Rousseau, C. & Crepeau, P. and Foxen, P. (2002). The Complexity of determining Refugeehood: a multidisciplinary analysis of the decision-making process of the Canadian Immigration and Refugee Board. Journal of Refugee studies. Vol. 15. No. 1 Hardy, Cynthia (1999). No Joking matter: Discursive struggle in the Canadian Refugee System. Organization Studies. Vol. 20. Vol

4 Jun 09 Lecture 6: -- The role of the Federal Court of Canada and Supreme Court of Canada in setting the legal and administrative standards for this policy field Jones, Martin and Baglay, Sasha (2007). Chapter 10: Appeals and Judicial Remedies. In Refugee Law. Toronto, On. Irwin Law Inc. Jun 11 Lecture 7: -- the contribution of advocacy groups, such as the Canadian Council of Refugees (CCR), professional associations, the immigration section of the Canadian Bar Association (CBA), the Canadian Society of Immigration Consultants (CSIC), community based organizations, Romero House and Sojourn House, and religious groups; Website excursion into what NGOs, civil society and Advocacy Organizations do in improving the refugee experience and defending and protecting the rights of refugees. Students should provide briefing notes in each of the organizations cited I Lecture 7 Additional readings to be assignment for this topic Jun 16 Lecture 8: -- The critically important role of the UNHCR and other UN agencies, and international Organizations. Crisp, Jeff. (2003). A New Asylum Paradigm? Globalization, Migration and the Uncertain Future of the International Refugee Regime. UNHCR Working Paper No. 100, Geneva: UNHCR (available on Google). Weiner, Myron. (1998). The Clash of Norms Dilemmas of Refugee Policy. Jurnal of Refugee studies Studies Vol. 11. No. 4 Jun 18 Lecture 9: -- The role of the media in shaping the policy agenda and influencing public opinion; Esses, Victoria M and Medianu, Stelian & Lawson, Andrea S.et al (2013). Uncertainty, Threat and the Role of the Media in Promoting the Dehumanization of Immigrants and refugees. Journal of Social studies, Vil. 69, No. 3 Hier, S.P. and Greenberg, H.L. (2002) Constructing a discursive Crisis: Risk, Problematisation and Illegal Chinese In Canada. Ethnic and Radical Studies. Vol. 25 Jun 23 Lecture 10: -- The role of political parties and electoral politics In Refugee determination Policy. Arat-Koc, Sedef. (1999) Neo-Liberalism, State Restructuring and Immigration: Changes in Canadian Policies in the 1990s. Journal of Canadian Studies. Vol. 34. No 2. Additional readings to be assignment 4

5 Jun 25 Lecture 11: -- Canada's overseas operations and its work in refugee camps in different parts of the world. UNHRC website Country report on Canada Ministry of Foreign Affairs, Trade and development: Minister s Speech and other resources showcasing Canada s global contribution in field of refugee governance Additional readings to be assigned Jun 30 Lecture 12: -- Evaluation of the Resettlement from Outside Canada program, including, Convention Refugees Abroad Class, Country of Asylum Class, and Source Country Class; and the Sponsoring Refugees program Jones, Martin and Baglay, Sasha (2007). Chapter 7: Oversee Protections. Pp In Refugee Law. Toronto, On: Irwin Law Jul 02 Lecture 13: -- Inland Protection of Refugees Jones, Martin and Baglay, Sasha (2007). Chapter 8: Inland Protection. In Refugee Law. Toronto, On: Irwin Law Jul 07 Lecture 14: -- The refugee status determination system in Canada and abroad. Bossin, Michael (2001). Bill C-31: Limited Access to Refugee Determination and Protection. Refugee Vol. 19. No 4. Carasco, Emily, et al (2007). Chapter 9. Refugee Protection in Canada pp In Immigration and Refugee Law. Toronto, On: Emond Montgomery Publication Ltd. Jul 09 Lecture 15: -- Exclusion and Denial of Asylum and Refugee Status. Carasco, Emily, et al (2007). Chapter 9. Refugee Protection in Canada pp In Immigration and Refugee Law. Toronto, On: Emond Montgomery Publication Ltd. Jul 14 Lecture 16: -- Engendering Refugee Policy Forced Migration and the protection of Women Moussa, Helene (1998). Violence Against Refugee Women: Gender Oppression, Canadian Policy, and the International struggle for Human Rights. Resources for Feminist Research. Vol 26. No2-3. 5

6 Randall, Melanie (2002). Refugee Law and State Accountability for Violence Against Women: A Comparative analysis of legal Approaches to Recognizing Asylum Claims Based on Gender Persecution. Harvard Women s Law Journal. Vol. 25 Jul 16 Lecture 17: Non-Refoulement and Canadian Refugee Policy Lacroix, M. (2004) Canadian Refugee Policy and the Social Construction of the Refugee Claimant Subjectivity: Understanding Refugeeness. Journal of refugee Studies. Vol. 17. No. 2 Bourgon, Stephanie (2003) The Impact of Terrorism on Non-Refoulement of Refugees: The Suresh Case Before the Supreme Court of Canada. Journal of International Criminal Justice. Jul 28 Lecture 18: The Case of Omar Ahmed Khadr and Others and the Principle of Non-Refoulement what can we Learn? Aiken, Sharryn. (2000). Manufacturing Terrorists: Refugees, National security, Canadian Law. Refugee. Vol.9.No. 3. Okafor, O.C. and Okoronkwo, P.L. (2003) Reconfiguring Non-Refoulement? The Suresh Decisin, Security Relativism, and the International Human Rights Imperative. International Journal of refugee Law. Jul Lecture 19: Refugee Policy and National Security Aiken, Sherry (2002) Of Gods and Monsters: National Security and Canadian Refugee Policy. Revue Quebecoise de droit international Vol. 14, No.2 Aug 04 Lecture 20: Rights of Asylum Seekers and Refugees: Access to Social Services the Case of Health Care McKeary, Marie (2010). Barriers to Care: The Challenges for Canadian Refugees and their Health Care Providers. Journal of Refugee Studies Vol. 23 No. 4 Aug 06 lecture 21: -- Discrimination as a basis of Denial of Refugee status: The Case of Sexual identity Rehaag, Sean (2009). Bisexuals Need Not Apply a Comparative Appraisal of Refugee Law and Policy in Canada, the United States, and Australia. International Journal of Human rights. Vol. 13. No. 2 Regaag, Sean (2008). Patrolling the Borders of Sexual orientation: Bisexual Refugee Claims in Canada. McGill Law Journal. Vol. 53. No. 59 Aug 11 Summing up and Review Aug 13 Final Exam 6