A recent article written by Luke Taylor and entitled, "Designated Inhospitality: The Treatment of Asylum Seekers Who Arrive by Boat in Canada and Australia" was published in the McGill Law Journal - (2015) 60:2 McGill LJ 333.
The following is the English abstract:
This paper argues that there are distinct parallels between
changes to the Immigration and Refugee Protection Act enacted by Bill C-31
(2012), in particular the Designated
Foreign National regime (DFN), and Australia’s treatment of asylum seekers who
arrive by boat. It is contended that recent Australian history and policy
demonstrate the perils of adopting an ideology of control and exclusion toward
asylum seekers instead of a politics of hospitality, and that Australia’s
present political climate provides a stark and salutary warning to Canada, as
it follows a similar path of securitization. The paper first explains what is
meant by a politics of hospitality. In Part I, it analyzes Australia’s attitude
toward, and its treatment of, asylum seekers, focusing in particular on the
period since 1989. It is argued that Australia’s inhospitable stance toward
asylum seekers has had discernible negative outcomes that provide important
les-sons for Canada. Part II provides a brief historical overview of Canadian policy toward
asylum seekers, followed by an analysis of the DFN regime with reference to
international law. It then argues that the DFN provisions contravene the Canadian
Charter of Rights and Freedoms. The paper concludes by suggesting that Canada
is at risk of following Australia’s security-oriented, inhospitable stance
toward asylum seekers.
