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Thinkable: The Charter and Refugee Law after Appulonappa and B010
Appulonappa and its companion case, B010, lie at the confluence of many debates about global migration and its governance. Both cases arose following the arrival in Canada of hundreds of Sri Lankan Tamils on two cargo boats, the M.V. Ocean Lady in October 2009 and the M.V. Sun Sea in August 2010. These were asylum seekers who came to Canada on dangerous vessels because more secure, less costly routes were shut to them. They were also illegal immigrants whose success entering Canada might fuel more migrant smuggling, a transnational criminal phenomenon with the potential to undermine national security. Safe to say, the former Conservative government adopted the latter view and proceeded accordingly. And it was a blow to the government's enforcement-minded response when the Supreme Court unanimously found that the government could neither prosecute (in Appulonappa) nor find inadmissible (in B010) asylum seekers for helping one another enter the country illegally, nor could it take such actions against humanitarian workers or family members acting from non-financial motives.
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Canadian Immigration Law in the Face of a Volatile Politics
The genesis of this special issue was a conference of Canadian immigration law scholars at the Université du Québec à Montréal in March 2018. Conference participants sought to look back on the many changes made to Canadian immigration law during the near-decade the Stephen Harper-led Conservative government spent in power (2006–2015). Although the Conservatives did not introduce a single, revamped immigration law— the major legislation remains the Immigration and Refugee Protection Act, brought in under the Jean Chrétien-led Liberals (1992–2006) in 2002—they altered parts of the law nearly beyond recognition. In this introduction, we reflect briefly on these changes; on what has come after, under Justin Trudeau's Liberal government (2015–), which has employed a more welcoming rhetoric yet left most of its predecessor's amendments in place; and on what may lie ahead as we approach a federal election in which immigration again promises to be an important issue.
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Immigration and refugee law: cases, materials, and commentary
"This ambitious text explores the current state of Canada's evolving immigration system, surveyed in historic, social, and comparative contexts. Insightful commentary on racial, gender, and class dimensions contributes to a thorough and multi-faceted analysis.by publisher."--