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Browsing Research and publications by Author "58a95a5c97af70a930752f1bc24e71b5"
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Item Open Access "Canada (Attorney-General) v. Ward: A Review Essay"(Oxford University Press, 1994) Macklin, AudreyThe Supreme Court of Canada's recent judgment in Canada (Attorney-General) v. Ward considers various aspects of the international Convention refugee definition. The claimant fled Northern Ireland to escape retaliation by the Irish National Liberation Army (INLA) for his effective defection from that organization. The Ward judgment reinforces the position that State complicity is not a pre-requisite to a determination of persecution by finding that the inability of the Irish and UK police to protect the claimant from INLA reprisal could suffice for purposes of establishing a well-founded fear of persecution. Second, the decision adopts a relatively expansive interpretation of the term 'particular social group' by linking the designation to concepts of anti-discrimination in Canadian and international law. In obiter, the Court declares that gender and sexual orientation are permissible bases for social group ascription. On the facts of this case, however, the claimant failed to establish that he was persecuted because of his membership in a particular social group. On the other hand, the Court was sympathetic to the alternative of political opinion. In its analysis of this ground, the Court confirms that a claimant may be persecuted for reasons of political opinion even where the opinion is inferred from conduct or wrongly imputed to the claimant. In the present case, Ward's political opposition to the tactics of the INLA could be inferred from his conduct in releasing hostages he was ordered to guard. Finally, the decision clarifies the scope of the 'dual nationality' exclusion that may be used to bar a refugee claim. In this case, the Court found that the Federal Court of Appeal had erred by failing to consider the fact that Ward was a citizen of the United Kingdom as well as Ireland, but cautioned that it might still be possible to conclude that the United Kingdom would be unable or unwilling to protect him from INLA retaliation.Item Open Access "Cross-Border Shopping for Ideas"(Georgetown University Law Center, 1998) Macklin, AudreyItem Open Access "Dancing Across Borders: Exotic Dancers, Trafficking and Immigration Policy"(Wiley-Blackwell, 2003) Macklin, AudreyThis article analyzes a Canadian immigration program that authorizes issuance of temporary work visas to 'exotic dancers.' In response to public criticism that the government was thereby implicated in the transnational trafficking of women into sexual exploitation, Citizenship and Immigration Canada retained the visa program de jure but eliminated it de facto. Using a legal and discursive analysis that focuses on the production of female labor migrants variously as workers, as criminals and as bearers of human rights, the article argues that the incoherence of Canadian policy can only be rendered intelligible when refracted through these different lenses. The article concludes by considering policy options available to the state in addressing the issue.Item Open Access "Disappearing Refugees: Reflections on the Canada-U.S. Safe Third Country Agreement"(Columbia University, School of Law, 2005) Macklin, AudreyItem Open Access "Gender Persecution in Armed Conflict: Refugee and Displaced Women"(United Nations Division for the Advancement of Women Department of Economic and Social Affairs, 1997) Expert Group Meeting, Gender-Based Persecution; Macklin, AudreyItem Open Access "Introduction"(University of Toronto, 2004) Macklin, AudreyItem Open Access "Legal Aspects of Conflict-Induced Migration by Women"(Elsevier, 2008) Macklin, AudreyThis paper surveys the international legal frameworks, including the many guidelines, handbooks, resolutions, toolkits, conclusions and manuals produced by various United Nations bodies, that confirm an awareness of the protection issues specific to women and girls displaced by conflict. It explores the extent to which these documents address the gendered impacts of conflict-induced migration, and the role of United Nations bodies as international governmental organisations in implementing these norms. The main focus is upon internally displaced women and women refugees. In addition to problems of enforcing compliance with existing guidelines, the paper concludes that two areas -- developing strategies to accommodate the realities of long-term, even permanent displacement and enhancing women's literal and legal literacy -- require much greater attention on the part of governmental and non-governmental international organisations.Item Open Access "Mr. Suresh and the Evil Twin"(York University, Centre for Refugee Studies, 2002) Macklin, AudreyIn Suresh v. Minister of Citizenship and Immigration and Ahani v. MCI, the Supreme Court of Canada declared that removing a refugee accused of terrorism to a country where he or she would face a substantial risk of torture or similar abuse would virtually always violate the individual’s rights under s. 7 of the Canadian Charter of Rights and Freedoms. While the Court deserves praise for vindicating fundamental human rights over competing claims of national security, coming so close on the heels of September 11, the victory is in certain respects more apparent than real. Given the strong endorsement of judicial deference to the exercise of Ministerial discretion in national security matters, the Court leaves the state wide scope to circumvent the spirit of the judgment while adhering to its letter.Item Open Access "Multiple Citizenship, Identity and Entitlement in Canada"(IRPP, 2010) Macklin, Audrey; Crépeau, FrançoisItem Open Access "New Directions for Refugee Policy: Of Curtains, Doors and Locks"(York University, Centre for Refugee Studies, 2001) Macklin, AudreyItem Open Access "Our Sisters from Stable Countries: Globalization, Gender and Accountability"(Oxford University Press, 2003) Macklin, AudreyThe article explores linkages between the transnational activities of a Canadian oil company operating in Sudan and the human rights and humanitarian violations committed by the government of Sudan against the people of southern Sudan in the course of the ongoing civil war. The specific impact of the armed conflict on women is recounted in microcosm through a meeting between the author, a member of a fact-finding mission to Sudan, and a group of Nuer women. The encounter also provides an opportunity to query and theorize rhetorical strategies deployed within a context of profound asymmetries of power. These discursive appeals are designed to generate both solidarity and accountability among women for the violation of fundamental human rights. The author warns against attributing fixed and invariant meanings to particular tropes (such as sisterhood), arguing instead for an evaluation that takes into account the specific context within which discourses are deployed, including the position and agency of the speaker in relation to the listener.Item Open Access Panel Discussion: Assessing Bill C-49: An Act to Prevent Human Smugglers from Abusing Canada’s Immigration System(The Centre for Refugee Studies, York University) Rehaag, Sean; Macklin, Audrey; Milner , James ; Aiken, Sharryn J.; Showler, PeterIn response to a few hundred Tamil asylum seekers who arrived in Canada onboard two ships over the past year, the government has introduced Bill C-49. In addition to modifying the definition of human smuggling and the penalties imposed on human smugglers, the Bill seeks to discourage asylum seekers from coming to Canada without valid visas. It does so by allowing the government to designate as "irregular" any group of asylum seekers who come to Canada, and then imposing penalties on asylum seekers, regardless of whether they subsequently obtain refugee status. The penalties include: mandatory unreviewable detention, limits on appeal rights, and five year bars on obtaining permanent residence (during which time refugees cannot bring family members to Canada and cannot leave the country). An expert panel will offer an assessment of these and other aspects of Bill C-49, focusing on the following topics: Sharry Aiken, Queen's University: Provisions targeting smugglers; Peter Showler, University of Ottawa: Mandatory unreviewable detention of designated asylum seekers; Sean Rehaag, Osgoode Hall Law School: Bar on obtaining permanent residence for 5 years; Audrey Macklin, University of Toronto: Impact beyond designated asylum seekers; and James Milner, Carleton University: Global political implications. A discussion with audience members will be held following the presentations.Item Open Access "Refugee Women and the Imperative of Categories"(Johns Hopkins University Press, 1995) Macklin, AudreyItem Open Access "Refugee Women and the Imperative of Categories"(Johns Hopkins University Press, 1995) Macklin, AudreyItem Open Access "Separation or Permeability? Bordered States, Transnational Relations, Transcultural Lives"(Canadian International Council) Macklin, Audrey; Hoerder, DirkItem Open Access "Transjudicial Conversations About Security and Human Rights"(Centre for European Policy Studies, 2009) Macklin, AudreyCitation by one national court of another state’s jurisprudence or legislation has attracted much attention recently, especially in relation to the interpretation and application of constitutional and international human rights norms. Commentators document these practices, judges extol or deride them, and academics theorise about them. A commonly shared assumption is that the comparative undertakings are accurate and systematic, if superficial. Tracking judgments from the European Court of Human Rights and the Supreme Court of Canada across a series of cases dealing with non-citizens and national security reveals that courts not only circulate practices and legal arguments between jurisdictions, they also circulate – perhaps inadvertently – misrepresentations of practices, and remain strategically deaf to dissonant arguments. Scholarly accounts of transjudicial communication that claim to document the emergence of a systematic pattern of judicial behaviour across jurisdictions should take these practices seriously and avoid the temptation to dismiss them as mere aberrations.Item Open Access "Who is the Citizen's Other? Considering the Heft of Citizenship"(The Berkeley Electronic Press/ The Cegla Center for Interdisciplinary Research of the Law, Tel Aviv University, 2007) Macklin, AudreyThe objective of this article is to integrate legal and social conceptions of citizenship as they materialize at the geographic, political, and social border crossings that accompany transnational mobility. Rather than pose the question "who is the citizen?," I ask "who is the citizen’s Other?," partly as a means of surfacing what we mean by citizenship by thinking about who we designate as its alterity. Against the current of most contemporary scholarship, I commend resurrecting the concept of statelessness as an antipodal reference point for citizenship. My intuition is that a version of statelessness still dwells in the substratum of much citizenship discourse, and that rendering a plausible account of it under contemporary conditions may prove helpful in linking conversations about legal and social citizenship. I supplement the conventional understanding of the stateless person (apatride) as one who lacks any citizenship in a state by also designating as stateless one who possesses citizenship but lacks a state. My analysis draws on Hannah Arendt’s famous exegesis on the relationship between the apatride, the refugee, and the condition of rightlessness, as well as contemporary refugee jurisprudence. I demonstrate how subject positions commonly identified as the citizen’s Other, including the refugee, the alien and the second-class citizen, are better understood as nested within a larger matrix where the apatride represents the ultimate negation of citizenship. I then introduce the notion of the "heft" of citizenship as a method of assessing how legal citizenship and social citizenship interact to position an array of subjects between these stylized poles of citizenship and statelessness.