Podcast
Questions and Answers
What was the primary legal basis used by the refugee claimants in the Singh Decision to argue their case before the Supreme Court?
What was the primary legal basis used by the refugee claimants in the Singh Decision to argue their case before the Supreme Court?
- The Immigration and Refugee Protection Act, outlining refugee application procedures.
- Section 7 of the Charter of Rights and Freedoms, asserting the right to life, liberty, security of person, and a fair hearing. (correct)
- Provincial human rights legislation, ensuring protection against discrimination.
- Section 15 of the Charter of Rights and Freedoms, guaranteeing equality rights.
What was the Canadian government's initial argument against granting refugee claimants the same rights as Canadian citizens, as challenged in the Singh Decision?
What was the Canadian government's initial argument against granting refugee claimants the same rights as Canadian citizens, as challenged in the Singh Decision?
- The government maintained that refugee claimants should seek protection from their country of origin.
- The government asserted that processing refugee claims would be too costly for the country.
- The government claimed that refugee claimants were not protected by the Charter of Rights and Freedoms because they were not Canadian citizens. (correct)
- The government argued that refugee claimants posed a national security risk.
What key change in Canada's refugee protection system was a direct result of the Singh Decision?
What key change in Canada's refugee protection system was a direct result of the Singh Decision?
- The elimination of refugee status determination hearings.
- The creation of the Immigration and Refugee Board (IRB) to provide fair hearings for refugee claimants. (correct)
- The introduction of stricter criteria for refugee eligibility.
- The delegation of refugee claim assessments to provincial authorities.
What fundamental principle regarding the application of the Canadian Charter of Rights and Freedoms was affirmed by the Supreme Court in the Singh Decision?
What fundamental principle regarding the application of the Canadian Charter of Rights and Freedoms was affirmed by the Supreme Court in the Singh Decision?
What action did the Assembly of First Nations call on the Canadian Federal Government to take via Resolution 49?
What action did the Assembly of First Nations call on the Canadian Federal Government to take via Resolution 49?
Why is the Quebec Accord considered important in the context of Canadian immigration and federalism?
Why is the Quebec Accord considered important in the context of Canadian immigration and federalism?
Which factor is the MOST significant in determining whether an individual is typically classified as a refugee under international and Canadian law?
Which factor is the MOST significant in determining whether an individual is typically classified as a refugee under international and Canadian law?
What is the main objective of the Immigration Act in Canada?
What is the main objective of the Immigration Act in Canada?
Flashcards
Immigration Act Objectives
Immigration Act Objectives
Sets objectives for Canadian immigration, focusing on economic, social, and cultural goals.
The Singh Decision
The Singh Decision
A landmark Supreme Court ruling stating that refugee claimants in Canada have the right to a fair hearing under the Charter.
Section 7 of the Charter
Section 7 of the Charter
States that everyone in Canada has the right to life, liberty, and security of person, and the right to a fair hearing.
Government's claim pre-Singh
Government's claim pre-Singh
The government claimed that non-citizens were not protected by the same rights as citizens.
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Singh Decision Ruling
Singh Decision Ruling
The Supreme Court decided that everyone means everyone within Canada, guaranteeing rights to refugee claimants.
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Immigration and Refugee Board (IRB)
Immigration and Refugee Board (IRB)
Established in 1989 to provide fair hearings for refugee claimants.
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Assembly of First Nations Resolution 49
Assembly of First Nations Resolution 49
Called for a freeze on immigration until First Nations' issues were resolved.
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Refugee
Refugee
A person who has fled their country due to a well-founded fear of persecution.
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- The test has 30 items.
- There are multiple choice, true/false, short answer, longer answer and reflection questions.
Canadian Immigration
- Refugee Rights Day is marked on April 4th.
- Singh Decision: A Supreme Court ruling in 1985 that involved 6 refugee claimants from India and 1 from Guyana.
- Claimants were not allowed to defend their case in front of a refugee board.
- The refugee claimants’ application was refused; they appealed to the Supreme Court, claiming denial of rights under Section 7 of the Charter of Rights and Freedoms.
- Section 7 of the Charter of Rights and Freedoms: Everyone has the right to life, liberty, security of persons, and a fair hearing.
- The Canadian government argued that refugee applicants were not protected by above rights because they were not Canadian citizens.
- The Supreme Court ruled that refugee claimants in Canada deserve the same standard of justice under the Canadian Charter of Rights and Freedoms as Canadian citizens.
- Singh decision led to the creation of the Immigration and Refugee Board (IRB) in 1989.
- Singh decision serves as the basis for the current Refugee Protection Program.
- People claiming refugee status now have the right to a hearing before the IRB.
- The Canadian government provides necessities while they await their hearing.
- Resolution 49 - The Assembly of First Nations wants the Federal Government to freeze all immigration until their concerns are dealt with.
- The Quebec Accord is important.
The Indian Act
- Need to know the year it was first passed, and its objective
- Need to study Assimilation.
- Need to study Residential Schools
- Need to study The Sixties Scoop
- Need to study Intergenerational trauma
- Need to be able to name one Indigenous Activist
- Need to be able to list the three Indigenous groups
Canadian Charter of Rights and Freedom
- Need to know How many are there in total?
- Need to know How many are applicable to us?
- Need to be able to list them
Collective Rights vs Individual Rights
- Need to be able to define collective rights, and give an example
- Need to be able to define individual rights, and give an example
Treaties
- Need to define What is a treaty?
- There are 11 Treaties. Need to be able to give an example of one.
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