ABSTRACT

This chapter examines a broad historical perspective and overview of the nature of Canada's 'humanitarian tradition', with respect to providing a sanctuary or refuge for those who have suffered severe and sustained human rights abuses that have resulted in their forcible displacement from their homes and/or their previous lives. While acknowledging Canada's shameful past injustices with respect to its treatment of those seeking asylum, it explores the notion that Canada's 'humanitarian tradition' can be traced to its very foundations. The chapter addresses the apparently anomalous fact that Canada was not one of the initial signatories to the 1951 Convention relating to the Status of Refugees or its 1967 Protocol. It explains that the differences at issue with respect to the Balanced Refugee Reform Act between the policy-makers and stakeholders will eventually be resolved by the Canadian courts and ultimately, of course, the Supreme Court of Canada.