Monthly Archives: November 2014

Juliana Helene Cliplef, “Is the Direction of Canadian Immigration Policy in Keeping with our Commitment to Multiculturalism?”

This paper surveys recent changes in Canada’s immigration policy: the expansion of the Temporary Foreign Workers Program, the introduction of more rigid language requirements in the economic immigration stream, and changes made to our asylum system by Bill C-31, Protecting Canada’s Immigration System Act. The effect of these changes on the rights and benefits of newcomers is evaluated, considering Canada’s long term interests, commitment to multiculturalism, and human rights. In light of recent restrictions, I argue human rights considerations should figure more prominently into immigration, citizenship, and multiculturalism policy.

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Julie Mouris, “Canada’s International Human Rights Obligations and Missing and Murdered Aboriginal Women”

The tragedy of missing and murdered Aboriginal women in Canada has been the subject of national and international scrutiny throughout the last decade. Numerous reports by national and international bodies have identified this ongoing and pressing problem, and have urged Canada to fulfill its obligations on this issue. Canada’s obligations toward Aboriginal women flow not only from domestic laws, but also from Canada’s many international commitments.

This paper examines how Canada is in breach of a number of its international human rights obligations towards missing and murdered Aboriginal women. Part I examines the issue of missing and murdered Aboriginal women, outlining key statistics compiled by the Native Women’s Association of Canada (“NWAC”). This section also scrutinizes the contributory role of police. Part II discusses international legal instruments relevant to the topic of missing and murdered Aboriginal women, as well as commentary and case law from international human rights bodies. Part III provides a timeline of reports and recommendations made by national and international bodies, including a critical assessment of Canadian responses. Finally, Part IV discusses paths forward and recommendations on urgent measures to be adopted by the Canadian government.

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Craig Mazerolle, “Taking (Judicial) Notice of Workplace Precarity: Single Mothers and the Right to Childcare Accommodation”

Familial relationships have been a growing topic of interest for human rights jurisprudence in the employment context. While lone-parent families are far from unique, courts and tribunals have yet to comprehensively address the interaction of family status discrimination and the childcare needs of lone-parent families. Using a feminist and historical framework, this paper analyzes the growing field of law concerning childcare accommodation and working parents. I argue that, by crafting jurisprudence within the context of two-parent households, courts and tribunals risk inadvertently silencing the unique childcare issues of lone-parent families, especially those families led by single mothers. To better address these issues, lawyers must encourage courts to issue judicial notice of the interaction between lone-parent families, gender, and precarious work.

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