By Robert F. Barsky
Table of Contents
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Extra info for Constructing a Productive Other: Discourse theory and the Convention refugee hearing (Pragmatics & Beyond New Series)
The Supreme Court ruling which allowed for self-representation beyond the affidavit is based on the Charter of Human Rights and Freedoms, a fact that in some ways limits the powers of the government to make purely administrative decisions as it had done in the past. In effect, Singh overturned the two Federal Appeal Court decisions, Singh v. C. R. and Vincent v. R. (3d), in which refugee status was excluded 34 Constructing a Productive Other under section 7 of the Charter because the threat to life, liberty or security suffered by the claimant did not occur in Canada.
C. R. and Vincent v. R. (3d), in which refugee status was excluded 34 Constructing a Productive Other under section 7 of the Charter because the threat to life, liberty or security suffered by the claimant did not occur in Canada. In short, the Supreme Court ruling on the Singh case in 1985 "reversed and held invalid the power to refuse to entertain an application for redetermination given to the Immigration Appeal Board by the legislation" (Grey "Comment" 499-500). The fun damental upshot of the ruling was that although the decision would remain administrative, "every applicant for refugee status was going to get at least one oral hearing, compatible with the importance of the refugee issue" (Grey "Comment" 500).
The United Nations was established for the most part in the interest of protecting the West against itself, an objective that was achieved through the passage of Conventions, Acts and Treaties that serve the interests of its most powerful member countries. S. adhered, in 1968, to the Protocol Relating to the Status of Refugees "and thus became derivatively bound by all the principal provisions of the Convention on the same subject" (Martin 133). N. broaden the definition of "refugee" to include "any person" who suffered persecution in his/her country of origin.