Instructor(s): Warda Shazadi Meighen

For graduate students, the course number is LAW7076HS.

Note: This course satisfies the International/Comparative/Transnational course requirement.

The United Nations Convention Relating to the Status of Refugees, born of compromise, is deliberately vague. As a result, there is rich debate within the academy and in the courts about who deserves refugee protection.

The first part of this course will give an overview of Canadian refugee law, with a focus on the more heated aspects of this debate: Do people in danger have a duty to ask the authorities in their own country for help before seeking Canadas protection? If so, how poor must their countrys response be before Canada is obliged to step in? Do claimants have a duty to ask for refugee protection in the first safe country that they reach, or at the first opportunity? How diligent must they be in bringing their claims forward? Students will come away with an understanding of the most important conversations taking place within the Canadian jurisprudence, and in particular, of the conflicting conceptual frameworks that underlie its deep divisions. The course will consider the criteria for refugee status in Canada as well as who is excluded from refugee status.

Finally, the course will consider a widely recognized problem within the Canadian refugee determination system. Refugee status decisions in Canada, and elsewhere, are characterized by enormous disparities in decision-makers grant rates. Students will develop an understanding of what motivates the divisions in the jurisprudence, and how fact-finding operates in a refugee hearing.

Evaluation
Class participation 10%; in-term assignment (2,000 words) (20%); and a final 2-hour open book examination (70%).

At a Glance

Second Term
Credits
3
Hours
2
ICT

Enrolment

Maximum
25
20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

Th: 6:10 - 8:00