Daley, Krista

Particular Social Group: A Human Rights Based Approach in Canadian Jurisprudence

The authors of this article argue for a human rights approach to refugee law in Canada in order to encourage consistent decisions on refugee claims. The article begins with a review of Canadian jurisprudence which focuses on definitions of particular social groups. The authors then move to consider different types of groups, particularly women, and how their claims of persecution have been assessed under Canadian law. The authors argue that a human rights approach to these cases would lead to better protection of women claimants, particularly in cases of domestic violence.

Aboriginal Women's Rights are Human Rights

This report examines the proposed Bill C-31 amendments to the Indian Act. The report argues that the amendments will cause increased differentiation within Aboriginal communities and will limit the number of individuals able to claim Indian status. The report begins with a review of the features of Bill C-31, then moves to examine the general situation of Aboriginal women in Canada and the disadvantages experienced by these women. The report includes a detailed discussion of the Canadian Human Rights Act and the deliberate exclusion of the Indian Act from these provisions.