Deterrents and Detention: An III Conceived Afterthought

William Angus, James Hathaway

Abstract


In response to the clandestine arrivaI in
Nova Scotia earlier this summer of 174
persons who subsequently claimed refugee
status, the Federal Government
recaUed Parliament two weeks ago to introduce
Bill C-84. Styled the Deterrents
and Detention Bill, its content is every bit
as ominous as its title suggests.
Although one of the Bill 's purposes is
stated to he to preserve access for genuine
refugees, clearly the opposite result is
achieved by sorne of its provisions. In an
attempt to prevent abuse of the refugee determination
system and to respond to security
concerns, the proposed legislation
has been drafted in such sweeping language
that a number of its clauses are in
fairly obvious violation of both international
law and the Canadian Charter of
Rights and Freedoms.
Simply put, the Bill goes too far. In its
haste to respond to a perceived crisis, the
Government has failed to respect fundamentallegal
standards.

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