A Refugee from Justice? Disparate Treatment in the Federal Court of Canada

33 Pages Posted: 7 Sep 2010

See all articles by Jon B. Gould

Jon B. Gould

affiliation not provided to SSRN

Colleen E. Sheppard

University of Virginia

Johannes Wheeldon

affiliation not provided to SSRN

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.

Suggested Citation

Gould, Jon B. and Sheppard, Colleen E. and Wheeldon, Johannes, A Refugee from Justice? Disparate Treatment in the Federal Court of Canada. Law & Policy, Vol. 32, Issue 4, pp. 454-486, October 2010. Available at SSRN: https://ssrn.com/abstract=1670374 or http://dx.doi.org/10.1111/j.1467-9930.2010.00325.x

Jon B. Gould (Contact Author)

affiliation not provided to SSRN ( email )

Colleen E. Sheppard

University of Virginia

1400 University Ave
Charlottesville, VA 22903
United States

Johannes Wheeldon

affiliation not provided to SSRN

No Address Available

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