🧵 I'm seeing a lot of disturbing tweets and frankly false info on #refugee #law. First, let's be clear. There will be refugees from #Ukraine. We should all protect them. A refugee is a refugee. An imperial power has invaded.
2. I am a huge critic of the international and domestic protections afforded to all kinds of migrants. I'll be the first to critique a policy, #law, program when I see it unfairly excludes, labels, violates rights. This is not time to pit #refugee communities against each other.
3. In Canada, so far, there is no resettlement program specific to Ukrainians. They have started announcing measures like lifting visa requirements, extending existing visas and permits, processing applications already in the system. More will come. It should. #refugee #law
4. Canada is doing this rapidly BECAUSE we have history of doing this. We did this, imperfectly, for Haitians, Kosovars, Czechs, those fleeing HK, Vietnam, Syria, Chile and others. It is our experience of responding to crises abroad that have allowed us to respond. #refugee
5. Don't get me wrong. There is much to criticize re Canada's refugee record. For eg I have written elsewhere with a colleague that Canada used the #refugee resettlement of Syrians as moral license for the bad behaviour at our Can-US land border.
6. There is a Charter challenge at the Supreme Court of Canada on Canada's use of the Safe Third Country Agreement and how it is denying #refugee protection to those at the Can-US land border. I have been very vocal about why we should suspend this agreement.
7. During Syrian #refugee resettlement many of us in #refugee serving community, esp settlement workers were alarmed that not enough attn was paid to others from Ethiopia, Somalia for eg. Despite our advocacy and concerns we did not downplay need to resettle those fleeing Syria.
8. One of my pet peeves fr time of Syrian #refugee resettlement was discourse on how resettlement should not be used for family reunification but for "genuine" #refugees. Given Canada's dismal record on reunifying families, I disagree but I didn't downplay need for Syrians.
9. In fact after personally being involved in resettling Syrian #refugees who have family in Canada, I am more convinced than ever that family connection can and should be a reason for resettlement of refugees. Ukrainians here can help their kin just as Syrians did.
10. Yes, Canada can do more now for others, esp Afghans. There r Afghans seeking refuge in Ukraine who now need to be resettled. I hope Canada pays attn to these #refugees too & to int'l students fr African nations. I have advocated personally for this & know many others do too
11. If u don't know, please ask but "#refugee" is a legal term. Not everyone qualifies unfortunately and many of us have critiqued the gaps & problems w/ the current definition. One of the key reqs re Ukraine is whether the state is unable to protect - this is met IMO.
12. Another key req is a well-founded fear of persecution on an enumerated gd. Ppl in #Ukraine are attacked on the basis two IMO - nationality and race which are both broadly defined in #refugee #law. Clear from public stmts that Russia denies their identity and right to exist.
13. There are also different pathways to obtaining #refugee protection. There is for eg resettlement fr overseas and inland (where ppl within Canada apply). Don't confuse the two - each pathway may have different requirements/procedures. Govt may waive reqs used in dif contexts
14. The practice of providing #refugee protection is undoubtedly reinforcing Westphalian ideas of borders, states and the state prerogative to decide who gets to be in territories. I don't deny the reproducing effects of the refugee protection system of harm. It is political.
15. Because we currently are subject to state-border structure, political will influences who gets in and out. Ur public voice matters in pressuring our govt to address needs of #refugees. My practice has been to advocate for a multitude of #refugee individuals and populations
16. Some ppl critiquing ppl able to cross borders more easily than others. Yes, that is good & bad. We saw large mvmts of ppl fr Syria move into neighbouring Lebanon & Jordan. At time many of us discussed why those states, not others held burden. It is not just a European pb
17. Re #Ukraine, there will be disproportionate burden placed on neighbouring states in Europe. These states have #refugee #immigration policies that must be critiqued. Welcome #refugees and provide thoughtful, informed critiques of those actual policies, practices & #law
18. I urge ppl to resist sharing misinfo, to ask Qs. There r #refugee #law & #Ukraine experts. Don't sensationalize what little efforts there r to help ppl on the move. Don't diminish what is happening. There is aggression and oppression of ppl bc of identity, language, culture.
19. I turn to the practice of listening to ppl on the ground. They are the true experts. I defer to those experiencing it first hand. Don't take for granted what you see on Twitter or what hot takes you hear fr friends.
20. I'm practical. Write to ur elected rep and ask them what changes you'd like to see in our #cdnimm #law on this or other issues. Law constantly tweaked. Get involved in advocacy groups that take up legal challenges & those that support refugees and migrants. There are many.

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More from @thechaiyun

Feb 23, 2021
Starting new thread for the Respondents in #STCA #law case. Stellar legal team with submissions starting with Andrew Brouwer a seasoned #cdnimm #refugee lawyer.
Oops, Jared Will will begin. Really enjoyed watching Jared in past cases for eg on #cdnimm #refugee #law #detention. Saw him live at #SCC on #Chhina case.
#Law students take note. I love the slow pacing of Jared Will, especially at the end of the long day. #STCA
Read 24 tweets
Feb 23, 2021
In anticipation of the #STCA Safe Third Country Agreement Appeal starting, this is the decision under review at the Fed CA. Fed Ct fd STCA violated s 7 #Charter rights of ref claimants
I'll be tweeting intermittently with comments.
#refugees #cdnimm #law

decisions.fct-cf.gc.ca/fc-cf/decision…
If ur curious, the #STCA Safe Third Country Agreement is still in force. The Fed CA refused to grant a stay to suspend the agreement till the appeal is resolved even tho arguable irreparable harm re Fed Ct fd #Charter violations
#refugees #cdnimm #law

decisions.fca-caf.gc.ca/fca-caf/decisi…
+
As well, even tho there are a multitude of intersectional issues relating to the #STCA Safe Third Country Ag, 13 orgs thru 6 intervener applications were denied participation in the hearing at Fed CA. #cdnimm #refugees #law

decisions.fca-caf.gc.ca/fca-caf/decisi…
Read 166 tweets
Aug 12, 2019
Prof Cairns Way and I are excited to share @uocommonlaw #CMLOrientation 2019 program here: commonlaw.uottawa.ca/en/students/or… We have a stellar line up! #AdvantageFTX 1/
Keynote speaker: Elder Peter Decontie from the Algonquin Nation, Kitigan Zibi Anishinabeg w/ intro by Prof Aimee Craft #CMLOrientation @uocommonlaw #AdvantageFTX 2/
Keynote Alumni Panel w/ Honourable Giovanna Toscano-Roccamo & Katie Black #CMLOrientation @uocommonlaw #AdvantageFTX 3/
Read 11 tweets

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