The Baker vs Immigration Canada involved the appeal of an immigration official's decision for permanent resident status on humanitarian and compassionate grounds citing the Canadian born children of the appellant as primary concern. This is landmark case in respect to consideration of children interests and concept of procedural fairness. Mavis Baker, a Jamaican citizen was ordered to be deported in 1992 after been overstaying her visa and working illegally in Canada since 1981. During this time, she gave birth to four children in Canada. She was the sole caregiver for two of them, and the other two depended on her for emotional support which stayed with her former partner after she was diagnosed with postpartum. After been ordered for deportation, she applied for an exemption from the requirement to apply for permanent residence outside Canada, based on humanitarian and compassionate considerations under S.114(1) of Immigration Act. The immigration officer rejected her application ,the rejection letter provided no reasons for the refusal of the application. The counsel of Ms. Baker requested and was provided with notes of the immigration officer who had reviewed her file initially outlining the reasons for denial of the application. The notes from the immigration officer states that the case is catastrophe and Ms. Baker would be burden on the Canadian social welfare system. He further stated that the Ms. Baker is staying beyond the expiration of her visa illegally and still not yet deported, shows the indictment of the system, thus not enough group for H& C consideration. …show more content…
Baker's applied for judicial review to The Federal Court of Canada, Trail Division.The federal court dismissed the application for judicial review. and certified the following question for appeal to the Federal Court of
This case in particular is very important to all Canadians everywhere because it demonstrated the possibility of racial discrimination to occur till this very day. Even though the Crown was not able to clearly declare whether the people from Roma was what the Neo-Nazis were referring to as “Gypsies”. Also this case provides that even though there was only an accusation towards the Neo-Nazis because of the wilful promotion, the government will take matters into consideration and arrest the people who are suspected of taking part in this situation. In addition, it shows how the government will not tolerate any sort of discrimination or racism against any identifiable and/or minority group.
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
Team owner Fay Sollenberger was pleased that the team was recognized at their awards banquet.
Summary of the Case On August 1987, Donald Butler opened a store in Winnipeg, Manitoba, called the “Avenue Boutique”. In this store, Butler sold and rented pornographic publications that were considered “hard core” and sexual paraphernalia. A couple weeks later, the City of Winnipeg Police searched and seized Butler’s sexually explicit materials lawfully. From this, Butler was charged with 173 counts under s. 163 of the Criminal Code. These charges included s. 163(1)(a) which criminalizes the distribution and the possession for distribution of obscene materials, as wells s. 163(2)(a) for selling and exposing obscene material to the public.
Historically, Canada has held a world renowned reputation as nation with a magnanimous ideological approach to providing asylum to those individuals subjected to marginalization and persecution in their homeland – regardless of their nation of origin (Ismaili, 2011, p.89 & 92). Indeed, providing sanctuary to refugees who would otherwise experience significant hardships ranging from blatant discrimination and racism to torture and genocide, has very much become an institutionalized aspect of Canadian society. However, recent changes to Canada’s immigration policy delineated in the Immigration and Refugee Protection Act and Bill C-31 may have perhaps put this ideology in peril (Immigration and Refugee Protection Act, 2001).
...a’s immigration policy becoming fairer. From 1991-1997, 607 Rwandan refugees were allowed into Canada. From 1992-1997, close to 13,000 thousand Bosnian refugees were allowed into Canada. The acceptance of these refugees from Bosnia and Rwanda show how much Canada’s immigration policy has changed since 1914, when many immigrants and refugees trying to enter Canada were rejected.
Bagnall, K. (2001). The little immigrants : The orphans who came to Canada. Toronto, ON: Dundurn Press.
On 08/05/2016 at approximately 1:50 AM, this Investigator with Investigator V. Shroyer arrived at 12211 N. Paradise Village Parkway, Phoenix, AZ for Case # 537001 report of Child Neglect for victim Fiona McFadden (DOB: 03-05-2013) against her mother Monica Katich (DOB: 09-17-89). Upon arriving on the scene, this Investigator met with the report source, Phoenix Police Officer E. Gomez # 7977 in reference to Phoenix Police DR: 2016-00001441605. According to Officer Gomez, Phoenix Police received an emergency 911 call from Monica Katich that her friend later identified as Ashley Brook Post (DOB: 06-21-83) had overdosed on Heroin. Upon Officer Gomez arriving on the scene, Monica told Officers Gomez and Officer Cambell (#9021) that her friend Ashley
In the analysis of Juvenile immigration in Canada, Doyle’s (1875) analysis presents Miss Rye and Miss Macpherson’s account of the poor treatment and lack of authoritative supervision of immigrant children in Canada in the early 1870s. In this manner, the women were only allowed to be agents for the adoption of children into work houses or by farmer family’s that would raise the child in exchange for farm labor: “For the disposal of a large proportion of the girls, both Miss Macpherson and Miss Rye depend upon what they term "adoption." (Doyle, 1875, p.11). This highly exploitative method of using immigrant children as low wage works defines the unregulated system of adoption, which placed certain children in homes that were not being supervised by a government agency or a higher authority. This part of Doyle’s (1875) report exposes the problem of non-supervision of children by the government, which left certain children exposed to abuse, abandonment, and physical harm. However, Doyle (1875) only relies on the Miss Rye and Miss Macpherson as the only witnesses to the abuse that these children endured in this unregulated system of “adoption”. This small sample size in the case study defines the extremely narrow
The Family class makes up approximately 28% of people immigrating to Canada. This is a class of people who are wanting to immigrant to Canada in order to be with a relative or spouse who is a Canadian citizen or recent immigrant (also known as a Sponsor). There is no point system required to be accepted as an immigrant, but they must prove that their Sponsor is able to meet the minimum necessary income for them until the applicant can find an employment. Accepting these types of immigrants not only allows Canada to stay on good terms with its immigrants but, also keeps the money that the original immigrant would have been making, and sending back to their family in their home country, to stay and be spent in Canada. The Canadian government has many laws and policies for immigrants and immigration. For example, in 2002 the Immigration and Refugee Protection Act was instituted. It has four main objectives: to pursue social, cultural and economical benefits for all Canadians, to reunite families in Canada, to promote successful integration of immigrants and to respect the bilingual and multicultural character of Canada. Another example of a policy impacted by immigration was the Sign Decision in 1985. This was the ruling of the Supreme Court of Canada that the Immigration Act (1976) was a violation of our Section 7 rights in the Canadian Charter of Rights and Freedoms. In this case, Santam Sign was not permitted to appeal the government's refusal to his immigration proposal in court. As a result the Supreme Court ruled that this did not allow Sign the right to liberty, life and security- our basic Section 7 rights. People applying for refugee status in Canada now how the right to a quick and fair hearing with them in attending and any life necessities they may need while in Canada during this process. So as you can see, politics has
Ninette Kelley and M. J. Trebicock, The Making of the Mosaic: a history of Canadian immigration policy. (Toronto: University of Toronto Press, 1998). Immigration Policy in Canada: History. Administration and Debates. “Mapleleafweb.com.”
Every year, over 250,000 people make Canada their new home. Attracted by its education system, economy and universal healthcare system, there are few other places in the world like it. All Canadians are guaranteed equality before the law and equality of opportunity, regardless of where they are from. However, some might argue that Canadian policy has not been put into practice as well as it should be. Is the concept of true equality a far-fetched idea? It seems that Canada has taken great measures to promote the integration of immigrants socially, but can the same be said for their integration economically? Politically? To judge whether or not Canada has been successful at promoting the integration of immigrants in these realms, a deeper understanding of Canadian policy must be considered.
The Canadian Justice system has failed its mandate of creating a just and peaceful society for all in regards to treatment of immigrants. Our current system of operations of indefinite immigrant detention is in desperate need of revitalization for as it stands it is one of the weakest and most unnecessarily components of our legislature. As proven through differing worldwide policies a limitation can be applied effectively and national security may still be maintained. Clear limits to the practice of detention are in place in both the European Union and in the United States. In the EU, detention is capped at six months with the possibility of extending to 18 months in certain cases. In the U.S., the period of presumptive release is six months,
Maija is a school teacher who decided to seek therapy after experiencing a traumatic event in her life. Ten years ago, Maija was raped, beaten, and tortured by a social worker. The social worker threatened Maija by saying he would take her children away if Maija told anyone about her traumatic experience with him.
Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper Human Rights is the Internment of those of Japanese descent or origin during the Second World War. Also the White Paper that was published by the government continues the theme of Human Rights being violated to the utmost extreme. All these events, as well as many others in history, give foundation to the idea that “Canada as a champion for Human Rights is a myth”.