Delphine Nakache

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• LL.D. (2009) – Law – McGill University
• Professor (Full) at University of Ottawa

Although more and more temporary migrant workers are becoming permanent residents in Canada, their experience with immigration opportunities remains under-studied. This study aims to fill that gap by examining the lived experience of migrant workers — in skilled and low-skilled occupations — who transition to permanent residence. Authors Delphine N...

Older people remain one of the most neglected, invisible, and marginalised groups among displaced persons, which is in part due to ageist stereotypes that persist and permeate the humanitarian system. Using a theoretical framework grounded in the capabilities approach, this article examines urban/protracted situations of displacement in developing...

With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigrants and refugees. However, policy changes over the past decade — which we identify as falling within the “civic integration paradigm” — have led to a steady decline in both citizenship applications and attributions. This paper takes a closer look at the...

In OECD countries, international mobility programs such as youth mobility schemes have gained popularity over the last years. In Canada, the International Mobility Program (IMP) has become the dominant mechanism for temporary migrant workers to enter into Canada, and yet, this stream has operated largely below the radar of public debate. Our articl...

For many people who have made Canada their home but have uncertain legal status and are ineligible to apply for permanent residence through other channels, the Humanitarian and Compassionate (H&C) application is the only available pathway to permanent residence and stability in Canada. Applications for permanent residence on H&C grounds have become...

The Canadian protection regime has made many positive steps towards the recognition of migrant vulnerability. For example, Chairperson’s Guideline 8 from the Immigration and Refugee Board (IRB) was developed in 2006 (and subsequently revised over the years) to assist Canadian decision-makers to provide procedural accommodation(s) (e.g., priority pr...

Despite their strong humanitarian reputations abroad, Norway and Canada have adopted domestic immigration policies that produce permanently precarious residents. These policies affect individuals—including refugees, permanent residents, and naturalized citizens—who have traditionally enjoyed secure legal statuses. Adopting the analytic lens of ‘pro...

In recent years, Canada has moved towards a system of ‘two-step’ immigration, wherein a growing proportion of new permanent residents are selected from people who are already in the country on a temporary work permit. While the ‘two-step’ selection approach has been lauded as improving immigrants’ labour market outcomes, the process to achieve perm...

Migrant Vulnerability in the Canadian Protection Regime: The View of Migrants, Public Servants, and onthe Ground Practitioners

TOWARDS VULNERABILITY ASSESSMENTS THAT SUPPORT THE CUSTOMIZED IMPLEMENTATION OF ASYLUM LAW AND POLICIES

This research report has been published as part of the EU Horizon 2020 VULNER research project (www.vulner.eu). The VULNER research project is an international research initiative, which objective is to reach a more profound understanding of the experiences of vulnerabilities of migrants applying for asylum and other humanitarian protection statuse...

Au cours des années 2000, les politiques d’immigration et d’intégration adoptées par divers pays d’Europe et d’Amérique du Nord donnent lieu à la formulation d’un nouveau paradigme d’action publique, qualifié d’« intégration civique ». Ces politiques, telles que les tests et cérémonies de citoyenneté, les formations civiques ou la signature de cont...

To prevent the spread of COVID-19 Canada has, like most other states, temporarily limited access to its territory. It has, as requested by international law, allowed the return of its own citizens. However, in contrast to other countries, Canada has opted for a more restrictive approach by requesting air carriers to deny boarding to any passengers...

Au cours des années 2000, les politiques d’immigration et d’intégration adoptées par divers pays d’Europe et d’Amérique du Nord donnent lieu à la formulation d’un nouveau paradigme d’action publique, qualifié d’« intégration civique ». Ces politiques, telles que les tests et cérémonies de citoyenneté, les formations civiques ou la signature de cont...

Attempts to bridge the Humanitarian-Development (HD) nexus are not new, but in recent years this idea has received renewed interest in light of the failure of traditional approaches to adequately respond to and manage complex, protracted crises. While these major policy shifts take place at the global and national levels (for example, see the 2016...

The officers of the Canada Border Services Agency (CBSA) play pivotal roles at various stages in Canada’s refugee system, making decisions that are life-changing for asylum seekers. This article examines the evolving institutional setting and processes that define the CBSA’s enforcement policy and its consequences for asylum seekers in Canada. Draw...

This article reports on a study of occupational health and safety (OHS) challenges for temporary foreign workers (TFWs) in low- and high-skilled occupations, based on twenty-two cases drawn from a broader study in three Canadian provinces. Interviewees in construction, meat processing, hospitality, and fast food reported concerns regarding working...

The spectrum of employment-related geographical mobility ranges from hours-long daily commutes to journeys that take workers away from home for an extended period of time. Although distance and travel conditions vary, there is a strong consensus within existing literature that mobility has physical, psychological, and social repercussions. However,...

This article reports on a study of occupational health and safety (OHS) challenges for Temporary Foreign Workers (TFWs) in Low- and High-Skilled occupations, based on twenty-two cases drawn from a broader study in three Canadian provinces. Interviewees in construction, meat processing, hospitality, and fast food reported concerns regarding working...

The New York Declaration on Refugees and Migrants, adopted by the United Nations General Assembly on 19 September 2016, initiated a process towards two Compacts: the Global Compact for Refugees (GCR) and the Global Compact for Safe, Orderly and Regular Migration (GCM). The Compacts are non-binding agreements which lay out a set of principles, objec...

This paper is in French Abstract: In the last two decades, Canada has applied a series of restrictive measures towards refugee claimants. These measures highlight a security approach to migration, which started in the late 1990s and became stronger under the Conservative government of Prime Minister Harper (2006-2015). The 2012 Refugee Reform is o...

International human rights instruments provide for protection of the family as the fundamental unit of society. However, a consequent right to family accompaniment, which can be defined as the right of migrants to bring their family members to the destination state, is not sanctioned and continues to be resisted. This article reviews the internatio...

In 2012, Canada made regulatory changes and adopted legislations amending the Immigration and Refugee Protection Act, including the Protecting Canada's Immigration System Act and the Balanced Refugee Reform Act. These pieces of legislation contain a number of measures which include: expedited refugee claim hearings, reduced procedural guarantees an...

This Working Paper examines the concept of the vulnerability of migrants which has become a key term in the UN's negotiations for a Global Compact on Safe, Orderly and Regular Migration. The authors argue that the concept must be interpreted inclusively and related to the human rights obligations of states through the UN conventions. All too often...

http://www.e-ir.info/2017/07/25/the-european-union-immigration-agreement-with-libya-out-of-sight-out-of-mind/

This report aims to explore and compare Employment-Related Geographical Mobility (“ERGM”) issues with regards to minimum employment standards (“ES”) of several Canadian provinces. ERGM entails “extended travel and related absences from places of permanent residence for the purpose of, and as part of, employment”.1 The scope of such travels is varia...

Le droit canadien de la citoyenneté a, depuis quelques années, subi des transformations majeures. Les modes d’acquisition de la citoyenneté, ses motifs de refus ou de révocation ainsi que les droits du citoyen canadien ont fait l’objet de modifications législatives et réglementaires importantes et d’interprétations jurisprudentielles clefs. Pour la...

As the myth of the Eldorado evokes, international migration is partly shaped by the perceptions and imaginaries of migrants themselves. Beyond such cliché, however, there is little knowledge regarding the nature and influence of myths and imaginaries on migration dynamics. As symbolic collective representations of individuals’ aspirations, hopes an...

In Canada, more and more people get permanent residency under Provincial and Territorial Nominee Programs (PTNPs). Despite this new reality, there is today no detailed examination of the consequences of PTNPs for immigrants' rights and protections. In this paper, we seek to fill this gap. As we show, PTNPs have no statutory basis and officials who...

This chapter focuses on the devolution of selection of economic immigrants in Canada as occurred through the establishment of Provincial and Territorial Nominee Programs (PTNPs). While for most of the twentieth century there was one set of federally prescribed and administered selection criteria, since the 1990s, provinces/territories were given an...

The book examines the phenomenon of immigration federalism: its main characteristics, why and how it has developed, its implications for immigration systems (in general) and non-citizens’ rights (in particular). The book introduces the reader to theoretical perspectives on immigration federalism through three sets of literature – federalism, govern...

This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its implications for immigrants’ rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative st...

This paper examines the detention of asylum seekers in Canada and the ways in which penal and administrative mechanisms are increasingly used together in the area of immigration. We show that the “criminalization” of asylum seekers facilitates the implementation of punitive measures against asylum seekers, such as increased use of detention. A stro...

This study provides an overview and evaluation of the Canadian immigration detention system, and its human rights impact on asylum seekers and refugees. The study relies on information gathered by the author during tours of immigration holding facilities and provincial prisons, interviews with immigration stakeholders (lawyers, legal aid, non-gover...

In recent years, the number of temporary foreign workers admitted to Canada has more than doubled. In this study, Delphine Nakache and Paula Kinoshita examine the Temporary Foreign Worker Program, in order to determine the Canadian and Albertan approaches to integrating and protecting these migrants. They consider three possible policy perspectives...

This paper draws its conclusions from a multidisciplinary study of the refugee determination process in Canada, the aim of which was to examine the strengths and weaknesses of the system and to explore means of improving it through an in-depth analysis of the diversity of attitudes and perceptions of different actors involved in the process. The ba...

Over the last two decades, the reinforcement of security-related migration policies has resulted in the perception of the foreigner, and especially the irregular migrant, as a category outside the circle of legality. The rights of foreigners in host countries have deteriorated due to the connection made between immigration and criminality. Restrict...

The first part of this chapter presents the ambiguity of the receiving countries' migration policies. The second part analyzes the negative impacts of theses policies on migrants' rights. Solutions will be suggested. Note: Downloadable document is in French.

International human rights law, international humanitarian law, international refugee law and international criminal law: each chapter of this corpus stands as a fundamental defense against assaults on our common humanity… The very power of these rules lies in the fact that they protect even the most vulnerable, and bind even the most powerful. No...

Résumé Le blocage de l’immigration illégale en provenance des Caraïbes et de l’Amérique centrale vers les États-Unis est un objectif de long terme. Il s’inscrit cependant désormais dans la nouvelle doctrine de sécurité de la Maison-Blanche, qui lie étroitement le politique à l’expansion du libre-échange et qui exige de la part des pays de départ ou...

This chapter introduces the links between the globalization process and the movement of people. It then presents three sub-themes used to analyse these links, which are: 1. Forced migration and development; 2. Forced migration and human rights; 3. Forced migration and security. Lastly, the authors briefly describe the chapters of the book Forced Mi...

This chapter briefly presents the preventive and deterrent policies devised by Canada and the European Union in order to stop irregular migration. It aims to call the reader's attention to the human rights violations caused by these policies.

This chapter first introduces the complexity of international migrations by presenting the different dimensions of the phenomenon. It then briefly describes the chapters of the book, which is divided in five parts: 1. migration as an individual trajectory through social space; 2. migration as the focus of the political discourse on identity; 3. mig...

Thèse (LL.M.)--Université du Québec à Montréal, 2002. Comprend des réf. bibliogr.