The invisible victims

The B. C. Minister of Social Services called the change in policy a “reconsideration,” stating, “The refugees have no other place to go, no other alternative, and that was the driving force behind changing the policy.”25 Officials recognized the unique circumstances of refugees and that in many cases, they rely “Particularly in a field marked by rhetoric and a on social assistance to survive. [...] THE LEGAL IMPLICATIONS The Immigration and Refugee Protection Act (IRPA) The IRPA states that “the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted.”31 Denying basic social assistance to refugees in no way furthers this goal and in fact has the potential to have severely adverse effects on the health and safety of those seeking pro [...] Preventing a refugee from being able to present the strongest case possible does not allow for “fair consideration.” The federal government has cited the change to the FPFAA as a “facilitative amendment” to grant more autonomy to provinces and territories in an area of their jurisdiction, namely the provision of social assistance.33 However, while the IRPA encourages consultation with provincial a [...] The Canadian Charter of Rights and Freedoms In 1985, the Supreme Court of Canada ruled that refugee claimants in Canada are not exempt from protection under the Canadian Charter of Rights and Freedoms.34 In this case, the following sections of the Charter are particularly relevant: Section 7, which guarantees everyone the right to “life, liberty and security of the person” 31 Immigration and Ref [...] Ultimately, the Federal Court ruled that the 2012 changes violated section 12 of the Charter as they amounted to “cruel and unusual punishment” in a way that “shocks the conscience and outrages [Canadians’] standards of decency.”35 The court also stated that the Canadian government seemed to have “intentionally set out to make the lives of these disadvantaged individuals even more difficult than t