Canadian Refugee Policy

• Author: Martin Jones - Sasha Baglay
• Profession: Centre for Refugee Studies, York University - Centre for Refugee Studies, York University. Faculty of Criminology, Justice and Policy Studies, University of Ontario Institute of Technology
• Pages: 1-29

1

CHAP TER 1

CANADIAN

REFUGEE POLICY

A. HISTORICAL OVERVIEW

1) Introduction

Canad a prides itself on its di stinct humanitaria n tradit ion of peac e-

keeping and refugee protection. In 1986, it became the f‌ir st nation to

be awarded the Nansen Meda l for its contr ibut ion to refugee protection

worldwide.1 As will be shown in the following chapters, Canada’s in-

land refugee determinat ion system and overseas resettlement possess

many laudable features. Yet there also exist practices a nd procedures

that are an ongoing concern for academics and human r ights activ-

ists. While Canada may pride itself on its contemporary treatment of

refugees, historical ly Canadian ref ugee policy has not always been ex-

emplary. Stronger humanitaria nism and acknowledgement of special

needs of refugees found their way into government immig ration poli-

cies only in the past several decades as a part of the general reconcep-

tualizat ion of Canada’s domestic and foreign policy.

1 The Nansen Meda l (now t he Nansen Refugee Award) is awarde d annually by

the United Nation s High Commissioner for Ref ugees (UNHCR) to recognize

“outstanding se rvice to the cause of refugee s.” It is n amed after Fridtjof Nansen

who was instr umental in establish ing international prote ction for refugees dur-

ing the inter-war p eriod.

REFUGEE LAW2

This chapter provides a conci se account of the development of

Canada’s migration policies and serves as neces sary background for

an understanding of the contemporary refugee protection system. Al-

though Canada provided ref uge to dissidents and the per secuted since

its early settlement, the hi stor y of it s form al refugee determination sys-

tem is very young. Before the 1970s, refugees were admitted on an ad

hoc basis in resp on se to particular refugee crise s and were often treated

similarly to economic migra nts.

This chapter is divided i nto time periods def‌ined in relation to the

main milepost s of immigration and refugee regulation: 1969, when

Canada became a party of the Re fugee Con vention; 1978, when the Im-

migration Act came into force; 1985, the year of the seminal Singh v.

Canada decision which established the right of refugee claimants to

an oral hearing and consequently led to a major overhaul of the refu-

gee determination system; 1992, when another major change to inla nd

refugee determination was introduced; and 20 02, when the new Immi-

gration and Refugee Protection Act came into force.

2) Pre -19 69

a) Unt il 19 45

Since its early settlement, Ca nada has ser ved as a place of refuge for

various diss ident and p ersecuted groups. Among the f‌irst political refu-

gees were British loyalists who moved to Canada between 1775 and

1784 as a result of the American Revolution.2 In the centurie s that fol-

lowed, forced migrants included Mennonites f‌leeing the Russi f‌ication

of the Ukraine and universa l militar y conscription;3 Jews esc aping the

pogroms in Ukraine;4 Doukhobors persecuted in Russia;5 Hutter ites

driven f rom the US by xenophobic sentiment s; and many other groups.

However, in contrast to present day refugees, these groups were for

the most part treated like other immigra nts, often having to satisfy the

same requirements and undergo the same imm igration procedures.

With the increase in number s of potential settlers, migrat ion con-

trol became more complex as it sought to respond to the evolving needs

and concerns of the colonial adm inistrat ion. For example, statutes

introduced in the 1790s in Nova Scotia and in Lower Canada sought to

2 Valerie Knowles, Strangers at Our Gate s: Canadian Immigration and Immigration

Policy, 1540–1997 (Toronto: Dundu rn Press, 1997) at 20.

3Ibid. at 53

4Ibid. at 55.

5Ibid. at 70.