Towards a paradigm shift to an inclusionary immigration application model of the Canadian Charter and the International Covenant of Civil and Political Rights.
Published: 2006
Language: eng
Number of pages: 72
ISBN-13: 9780494212332
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Canada.; International Covenant on Civil and Political Rights -- (1966); Emigration and immigration law -- Canada.; Medical laws and legislation -- Canada.
Description: The paper provides a legislative account of Canada's 'immigration health policy' and argues that it continues to constitute a legalized form of discrimination that is anathema to Canadian core constitutional values and international human rights.It further argues in favour of a paradigm shift from an exclusionary  Charter application model to an inclusionary application model by using section 15 (1) of the Charter. The role of the  International Covenant of Civil and Political Rights is also examined in support of the proposed inclusionary paradigm shift. The principles of equality and non-discrimination espoused in Article 26 of the Covenant  are analyzed and domestic case law that presumes the application of international customary and conventional law is also used in the analysis.Lastly, the Supreme Court decision in Hilewitz is used as a case study. The analysis of this decision illustrates the path dependency on earlier immigration policies.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1282.

Thesis (LL.M.)--University of Toronto, 2006.

Electronic version licensed for access by U. of T. users.

ROBARTS MICROTEXT copy on microfiche.