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Natural disasters, civil or military wars, and political oppression have always created millions of displaced persons worldwide. To address this massive human migration, the United Nations has established a mechanism to overcome this phenomenon with the draft of the Refugee convention then followed by the Protocol, and gradually by other complementary sources conventions with the same goals to strengthening the protection of refugees. The many States including Canada has signed these conventions and have committed to implementing them into their national systems. This act has immediately ipso facto set a pacta Sunt servanda to Canada as a signatory State to these conventions.
This thesis discusses the implementation of the Refugee Convention and other complementary protections in the Canadian refugee system. It argues that the protection of refugee and the related application of rights are more likely to strengthening when Canada respects its international obligations toward refugees and asylum seekers. The problems include the use of international refugees rights norms into Canada’s national law, and specifically, it analyzes the specific implementing legislation to see if the practice, law, and policies ensure the effective implementation of international norms for the protection of refugees. This research attempts to provide the solution to breach of the principle of non-refoulement by promoting the“agreement”concept through which Canada can assist and protect refugees, and advocates that responding to the Refugee crisis with tact, humanism, and good policies, the Canadian Government can easily find the way for sustainable solutions. At the end, the intention of this research is to provide recommendations to the Canadian Government for further development that is in line with international obligations.
This thesis discusses the implementation of the Refugee Convention and other complementary protections in the Canadian refugee system. It argues that the protection of refugee and the related application of rights are more likely to strengthening when Canada respects its international obligations toward refugees and asylum seekers. The problems include the use of international refugees rights norms into Canada’s national law, and specifically, it analyzes the specific implementing legislation to see if the practice, law, and policies ensure the effective implementation of international norms for the protection of refugees. This research attempts to provide the solution to breach of the principle of non-refoulement by promoting the“agreement”concept through which Canada can assist and protect refugees, and advocates that responding to the Refugee crisis with tact, humanism, and good policies, the Canadian Government can easily find the way for sustainable solutions. At the end, the intention of this research is to provide recommendations to the Canadian Government for further development that is in line with international obligations.