Taking the Harper Government’s Refugee Policy to Court

There is no question that significant changes occurred in Canadian refugee policy under the Conservative government of Stephen Harper during its near ten years in power. Indeed, observers note that virtually no aspect was left untouched. The effects of many of these alterations are still unfolding, and while the subsequent Liberal government of Justin Trudeau committed itself to reversing or altering some of them, many will likely be preserved.

In this chapter, we focus on changes that occurred to Canada’s inland refugee policy with two larger goals in mind. First, we de-mystify the role of the courts in shaping refugee policy in Canada. Second, we contribute to a growing body of work that reflects on the contentious relationship between the Harper government and the courts. In particular, the chapter examines the mobilization that occurred through and beyond the courts in response to the government’s 2012 cuts to the Interim Federal Health Program (IFHP) for refugees. Our research shows that while the role of the courts in overseeing Canadian refugee policy is generally quite limited, significant mobilization on behalf of refugees inside and outside the courts occurred in response to the Harper government’s particularly rights-restrictive approach. Overall, we argue that in order to understand the relationship between the courts and public policy, it is necessary to appreciate the broader policy and political contours within which court rulings emerge, and the specific contexts that prompt court involvement in the first instance.