The concept of persecution is not defined in the IRPA. In Canada (Attorney General) v Ward, [1993] 2 SCR 689 at paragraph 63, the Supreme Court defined it as a “sustained or systemic violation of basic human rights demonstrative of a failure of state protection.” In order to constitute persecution, the treatments in question must be serious and repetitive or systematic. In Chan v Canada (Minister of Employment and Immigration), [1995] 3 SCR 593 at paragraph 71, the Supreme Court further stated the following: “[t]he essential question is whether the persecution alleged by the claimant threatens his or her basic human rights in a fundamental way.” Thus, establishing fear of persecution is central in making a successful claim under section 96(a) of the IRPA.
In Dr. Zelinski’s case, for his criminal conviction to supportive a fear of persecution, it will have to be distinguished from cases of prosecution. The seminal decision on this matter is Zolfagharkhani v Canada (Minister of Employment and Immigration), [1993] 3 FC 540 (CA) [Zolfagharkhani]. in Zolfagharkhani the Federal Court states that laws of laws of general application are laws which applies to a country's entire population, without differentiation. Those
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laws do not lead to persecution, but prosecution. This is because the treatment foreseen would be punishment for a breach of a law that does not violate human rights, and does not adversely differentiate on a Convention ground, either on its face or in its application. In this case, the conviction will support Mr.
Zelinski’s claim if he can show that the law is either inherently or for some other reason persecutory in relation to a Convection ground, of any of religion, nationality or membership in a particular social group or political opinion. It will also support his claim “if the punishment or treatment under a law of general application is so Draconian as to be completely disproportionate to the objective of the law, regardless of whether the intent of the punishment or treatment is persecution” (Cheung v Canada (Minister of Employment and Immigration), [1993] 2 FC 314 (CA)). Establishing any one of the above rebuts the presumption of validity and neutrality of ‘laws of general application’ advanced in
Zolfagharkhani. The law resulting in Dr. Zelinski’s conviction infringes upon human rights and adversely differentiate as a result of his membership in a particular social group. Dr. Zelinski is a homosexual. A section 96(a) claim is supported because the existence of an offence for participating in homosexual conduct and Dr. Zelinski’s conviction is evidence of past and future prosecution. If Dr. Zelinksi was not an homosexual he would not have been convicted of a criminal offence and sentenced to eight months imprisonment. His conviction further proves that his fear of returning to Ukraine is well founded and that there is no internal flight mechanism available to him. Regardless of where he is in Ukraine it is illegal for him to be his authentic self. The conviction also supports a section 97(b) IRPA claim because it exemplifies the cruel, unusual and inhumane treatment he faces as an homosexual in Ukraine. A Ukrainian court ruled, in his absence, that Dr. Zelinski should lose his freedom because of the gender of the persons whom he chooses to have romantic relations with.
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.
The author believes the maldistribution of any punishment is not relevant to its justice – The guilty are punished, not one’s race, economic, or social status.
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
Any person, place or event that has held the honour of being commemorated in Canada has been recognized of an extreme importance to the country. It is impossible to research commemoration in Canada without reading about world war one and two; The great wars are arguably the most commemorated events in History let alone Canada. Understanding this they are not the only events that receive attention from Canada, the government recognizes many other occurrences as, well, anything from Sir John A. Macdonald day on the 11th of January to the anniversary of the statute of Westminster on the 11th of December. I do not believe that any one event can be placed above or below another, and that they all hold a value in whatever way that may be. This Essay
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
The Indian Act no longer remains an undisputable aspect of the Aboriginal landscape in Canada. For years, this federal legislation (that was both controversial and invasive) governed practically all of the aspects of Aboriginal life, starting with the nature of band governance and land tenure. Most importantly, the Indian act defines qualifications of being a “status Indian,” and has been the source of Aboriginal hatred, due to the government attempting to control Aboriginals’ identities and status. This historical importance of this legislation is now being steadily forgotten. Politically speaking, Aboriginal and non-Aboriginal critics of the Indian act often have insufferable opinions of the limits of the Indian Act’s governance, and often argue to have this administrative device completely exterminated. Simultaneously, recent modern land claim settlements bypass the authority of the Indian Act over specific groups.
Persecution has been a round for sometime and can be traced historically from the time of Jesus to the present time. Early Christians were persecuted for their faith in the hands of the Jews. Many Christians have been persecuted in history for their allegiance to Christ and forced to denounce Christ and others have been persecuted for failing to follow the laws of the land. The act of persecution is on the basis of religion, gender, race, differing beliefs and sex orientation. Persecution is a cruel and inhumane act that should not be supported since people are tortured to death. In the crucible, people were persecuted because of alleged witchcraft.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
The judicial statement of Roskill LJ observed in The Albazero [1977] AC774 held plenty of arguments in modern world today. To reach an extent of agree or disagree the judicial statement, it should be critically analysed from a legal perspective: