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Chapter 10: Immigration and Refugee Law

Additional Recommended Readings

Atanackovic, J. and I.L. Bourgeault (2014). Economic and social integration of Immigrant care-givers in Canada. nstitute for Research on Public Policy Study, 46. Retrieved from http://irpp.org/research-studies/study-no46/.

Using interviews and focus groups, this study identifies barriers to economic and social integration of temporary foreign workers in the caregiver program.

Hrick, P. (2012). Dangerous step backwards: The implications of conditional permanent resident status for sponsored immigrant women in abusive relationships. Dalhousie Journal of Legal Studies, 21. Retrieved from https://ojs.library.dal.ca/djls/article/view/4153.

The article provides a description of factors that contribute to immigrant women’s vulnerability to abuse and how new immigration legislation discourages sponsored women from leaving abusive relationships. The author discusses the implications of the regulations in relation to Canada’s Charter of Rights and Freedoms.

Relevant Legislation

International:

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, G.A. Res. 39/46, un gaor, 39th Sess., Supp. No. 51, un Doc. A/39/51 (entered into force June 26, 1987) http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
• Convention Relating to the Status of Refugees, July 28, 1951, 189 unts http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfRefugees.aspx
• Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, May 29, 1993 (entered into force May 1, 1995) http://www.hcch.net/index_en.php?act=conventions.text&cid=69
• International Covenant on Civil and Political Rights, December 19, 1966, 999 unts 171, Can. T.S. 1976 No. 47, 6 I.L.M. 368 (entered into force March 23, 1976, accession by Canada May 19, 1976) http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx
• Protocol Relating to the Status of Refugees, January 31, 1967, 606 unts 267 (entered into force October 4, 1967) http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtocolStatusOfRefugees.aspx

Federal and Constitutional: http://laws.justice.gc.ca/en

• Canadian Charter of Rights and Freedoms: Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act (UK), c. C-12 http://laws-lois.justice.gc.ca/eng/const/page-15.html
• Citizenship Act, R.S. 1985, c. C-29 http://laws-lois.justice.gc.ca/eng/acts/c-29/
• Crimes Against Humanity and War Crimes Act, 2000, c. 24 http://laws-lois.justice.gc.ca/eng/acts/C-45.9/page-1.html
• Criminal Code, R.S.C. 1985, c. C-46 http://laws-lois.justice.gc.ca/eng/acts/c-46/
• Immigration and Refugee Protection Act, 2001, c. 27 http://laws-lois.justice.gc.ca/eng/acts/I-2.5/
• Faster Removal of Foreign Criminals Act, S.C. 2013, c. 16 http://laws-lois.justice.gc.ca/eng/annualstatutes/2013_16/page-1.html

Federal–Provincial/Territorial Agreements: www.cic.gc.ca/english/department/laws-policy/agreements/

Alberta:

• Agreement for Canada–Alberta Cooperation on Immigration, May 2007 http://www.cic.gc.ca/english/department/laws-policy/agreements/alberta/can-alberta-agree-2007.asp
• Amendment to the Memorandum of Understanding between Citizenship and Immigration Canada and Alberta Human Resources and Employment on Sponsorship, December 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/alberta/can-alberta-mou-2004.asp
• Canada–Alberta Memorandum of Understanding on Information Sharing, September 2003 http://www.cic.gc.ca/english/department/laws-policy/agreements/alberta/can-alberta-mou.asp

British Columbia:

• Agreement for Canada–British Columbia Co-Operation on Immigration, April 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/bc-2004-agree.asp
• Amendment to the Agreement for Canada–British Columbia Co-operation on immigration, June 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/bc-amend2004.asp
• Canada–British Columbia Immigration Agreement, April 2010 http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/bc-2010.asp
• Canada–British Columbia Immigration Agreement, April 2015 http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/bc-2015.asp
• Canada–British Columbia Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, April 2006 http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/can-bc-mou-students.asp

Manitoba:

• Canada–Manitoba Immigration Agreement, June 2003 http://www.cic.gc.ca/english/department/laws-policy/agreements/manitoba/can-man-2003.asp
• Canada–Manitoba Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, November 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/manitoba/can-man-mou-students.asp
• Canada–Manitoba Memorandum of Understanding on a Pilot Project to Issue Work Permits for International Students, October 2003 http://www.cic.gc.ca/english/department/laws-policy/agreements/manitoba/can-man-mou-2003.asp
• Memorandum of Understanding on the Private Refugee Sponsorship Assistance Program, November 2002 http://www.cic.gc.ca/english/department/laws-policy/agreements/manitoba/can-man-mou.asp

New Brunswick:

• Canada–New Brunswick Agreement on Provincial Nominees, January 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/nb/nb-agree.asp
• Canada–New Brunswick Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, June 2006 http://www.cic.gc.ca/english/department/laws-policy/agreements/nb/can-nb-mou-students.asp
• Canada–New Brunswick Memorandum of Understanding on a Pilot Project to Issue Work Permits for International Students, March 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/nb/can-nb-mou-2004.asp

Newfoundland and Labrador:

• Canada–Newfoundland and Labrador Agreement on Provincial Nominees, December 2006 http://www.cic.gc.ca/english/department/laws-policy/agreements/nfld/can-nfld-2006.asp

Nova Scotia:

• Canada–Nova Scotia Co-operation on Immigration, September 2007 http://www.cic.gc.ca/english/department/laws-policy/agreements/ns/ns-2007-agree.asp
• Canada–Nova Scotia Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, October 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/ns/can-ns-mou-students.asp
• Canada–Nova Scotia Memorandum of Understanding on Post-Graduation Employment for Foreign Students, April 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/ns/can-ns-mou.asp

Ontario:

• Canada–Ontario–Toronto Memorandum of Understanding on Immigration and Settlement, September 2006 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/can-ont-toronto-mou.asp
• Canada–Ontario Memorandum of Understanding on Information Sharing, March 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/ont-mou-2004.asp
• Canada–Ontario Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, November 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/can-ont-mou-students.asp
• Temporary Foreign Workers in Ontario, May 2008 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/can-ont-amend_agree.asp
• The Canada–Ontario Immigration Agreement, November 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/ont-2005-agree.asp
• Letter of Intent with respect to a Canada–Ontario Immigration Agreement, April 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/ontario/ont-intent.asp

Prince Edward Island:

• Agreement for Canada–Prince Edward Island Co-operation on Immigration, June 2008 http://www.cic.gc.ca/english/department/laws-policy/agreements/pei/can-pei-agree-2008.asp

Quebec:

• Memorandum of Understanding to Facilitate the Entry of Certain Temporary Foreign Workers into Quebec and to Facilitate the Issuance of a Work Permit to Certain Graduates of Quebec Vocational Training Programs, January 2012 http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que-mou-tfw.asp
• Canada–Quebec Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, November 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que-mou-students.aspp
• Canada–Quebec Memorandum of Understanding on a Pilot Project to Issue Work Permits for International Students, May 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que-agree-2004.asp
• Canada–Quebec Accord Relating to Immigration and Temporary Admission of Aliens, February 1991 http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que.asp

Saskatchewan:

• Canada–Saskatchewan Memorandum of Understanding on the Off-Campus Work Permit Program for International Students, April 2006 http://www.cic.gc.ca/english/department/laws-policy/agreements/sask/can-sask-mou-students.asp
• Canada–Saskatchewan Immigration Agreement, May 2005 http://www.cic.gc.ca/english/department/laws-policy/agreements/sask/sask-agree-2005.asp
• Canada–Saskatchewan Memorandum of Understanding on Post-Graduation Employment for Foreign Students, May 2004 http://www.cic.gc.ca/english/department/laws-policy/agreements/sask/can-sask-mou.asp

Northwest Territories:

• Canada–Northwest Territories Agreement on Territorial Nominees, October 2013 http://www.cic.gc.ca/english/department/laws-policy/agreements/nwt/can-nwt-agree-2013.asp
• Canada–Northwest Territories Agreement on Provincial Nominees, August 2009 http://www.cic.gc.ca/english/department/laws-policy/agreements/nwt/can-nwt-agree-2009.asp

Yukon Territory:

• Agreement for Canada–Yukon Co-Operation on Immigration, May 2008 http://www.cic.gc.ca/english/department/laws-policy/agreements/yukon/can-yukon-agree-2008.asp

Discussion Questions

1. Who decides who may enter and/or remain in Canada as an immigrant or refugee?
2. Who can sponsor an immigrant under the Family Class and what will be his or her obligations as a sponsor?
3. Give two examples of contemporary immigration issues. Discuss.
4. What is the difference between a Convention refugee and a person in need of protection? Explain.
5. Under what circumstances may permanent resident status be lost?
6. What is the process for becoming a Canadian citizen?