A refugee from justice? Disparate treatment in the federal court of Canada

Law and Policy
Volume 32, Issue 4, 2010, Pages 454-486

A refugee from justice? Disparate treatment in the federal court of Canada (Article)

Gould J.B.* , Sheppard C. , Wheeldon J.

^a Center for Justice, Law and Society at George Mason University, United States
^b United States Sentencing Commission, United States
^c Simon Fraser University and University of Durham, United States

Abstract

This article paints a troubling picture of disparate treatment in the Federal Court of Canada. Examining more than 600 immigration and refugee claims, the results link judicial action to litigants' representation, their demographics and national region, and the background and ideology of the judges involved. When compared with prior research in Canada and similar studies from the United States, the findings suggest that an applicant in search of a just result would do as well to hire an experienced lawyer and hope for a sympathetic judge as to prepare an excellent appeal. Canada's immigration process requires greater attention so that the reality of its operation matches the promise of the nation's intentions. © 2010 The Authors. Law & Policy © 2010 The University of Denver/Colorado Seminary.

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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-77956410814&doi=10.1111%2fj.1467-9930.2010.00325.x&partnerID=40&md5=fd34c22172d6a07ab3383d2b4c5d98ac

DOI: 10.1111/j.1467-9930.2010.00325.x

ISSN: 02658240

Cited by: 8

Original Language: English