Canadian Refugee Law - contents of this tab
News feed from UNHCR
WestlawNext Canada includes the following databases, which are both good ways to find journal articles on a topic, case or legislative provision, irrespective of the journal in which the article appears:
Articles on Canadian law do not only appear in Canadian journals. Use also the following databases, which index hundreds of law journals.
Legal Source includes periodicals from the U.S., Canada, Great Britain, Ireland, Australia, and New Zealand. Abstracts and many full text articles.
LegalTrac includes periodicals from the U.S., Canada, Great Britain, Ireland, Australia, and New Zealand. Index only.
Although a little dated, Interpretation of the Convention Refugee Definition in the Case Law, published by the Immigration and Refugee Board of Canada in 2005 is a comprehensive analysis of judicial consideration of the Convention refugee definition.
The online encyclopaedias below are arranged alphabetically by topic. They include authoritative commentary, and link to the full text of legislation, treaties and significant cases.
To get to the refugee and asylum topics in CED:
Halsbury's Laws of Canada on Lexis Advance. To get to the human rights topics in Halsbury's, scroll through the alphabetical list of topics to Immigration and Citizenship and use the + signs to open to more detailed topics - for example the topics under Chapter V - Convention Refugees and Persons in Need of Protection.
The latest edition of the Annotated Immigration and Refugee Protection Act of Canada (Carswell) contains the up to date Immigration and Refugee Protection Act together with accompanying regulations and rules, the Quebec Immigration Act SQ 2016 c 3, other relevant statutory enactments, and the latest legislative developments. It also contains casenotes on significant decisions that interpret the law and commentary reflecting all recent developments.
The principal legislation dealing with the protection of asylum seekers in Canada is the federal Immigration and Refugee Protection Act (2001). The official Act, including all amendments, is available on the Canadian Department of Justice website (free access). Part 2 (ss95-115) deals with protection of refugees.
Westlaw's Canadian Encylopaedic Digest (database identifier CED) contains a table of all legislation relevant to refugees, with links to the full text of the legislation, and provides commentary and cases on the legislative provisions. Follow the directions in the box above to get to the Immigration and Refugees topic in the Canadian Encylopaedic Digest. The Tables of Statutes and Rules are in the Tables tab.
In CANLII (open access) - navigate to the section or sub-section of the Immigration and Refugee Protection Act, click on the hyperlinked section number and a list of citing cases will appear, with links to the full text of the cases. Alternatively, use the 'noteup' tab at the top of the screen.
In WestlawNext Canada (UniMelb staff & student access) - click on Statutes and Regulations on the home page to navigate to the Immigration and Refugee Protection Act and then to the provision - for example, s 97 - Person in need of protection. Click on Citing References to see all cases - these can be narrowed by sub-section, jurisdiction, citation frequency, court level, depth of treatment and treatment type.
SELECTED / SIGNIFICANT DECISIONS
The latest edition of the Annotated Immigration and Refugee Protection Act of Canada (Carswell) contains casenotes on significant decisions that interpret each provision.
FINDING CASES BY TOPIC IRRESPECTIVE OF COURT OR TRIBUNAL
Some refugee cases heard in all Canadian courts and tribunals are available as pdf replicas of the original unreported judgments on the UNHCR's Refworld website (open access).
The Canadian Abridgment on WestlawNext Canada contains over 850,000 case digests or summaries, of issues decided by the Canadian courts and administrative tribunals from the early 1800's to the present, updated daily.
The Canadian Abridgment is arranged by topic - so to find refugee law cases:
The Canadian Immigration Cases and Decisions database on WestlawNext Canada contains Canadian federal and provincial court and tribunal decisions relating to immigration, citizenship, and the status of aliens that are selected from Carswell case law reporters, such as the Immigration Law Reporter. From the home page select Cases and Decisions and then scroll to Immigration under Topic.