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Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.


This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This article was originally published as Hathaway, James C. and Neve, R. Alexander. "Fundamental Justice and the Deflection of Refugees from Canada." Osgoode Hall Law Journal 34.2 (1996) : 213-270.

Work published when author not on Michigan Law faculty.