Access, Asylum and Atrocities: An Unholy Alliance?

Joseph Rikhof

Abstract


This article explores the international and Canadian dimensions of the crossroads between criminal law on one hand and the immigration and refugee law on the other, with special emphasis on the regulation and jurisprudence regarding criminal activities such as terrorism, organized crime, genocide, war crimes, and crimes against humanity. In addition to examining the context of international policy and the international criminal law in this area, the article also describes in detail the Canadian case-law in relation to the sections in the Immigration Act that address these types of serious criminality, such as the admissibility provisions and the exclusion clauses. At the same time, the policy of the Canadian government is coming to grips with its international obligations when dealing with persons involved in such criminal activities.

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