Rule: For the past forty years it has been the rule that liability belongs only to the…
This case was brought before the Supreme Court of Canada, after a failed appeal in the Court of Appeal, issues concerning whether the non-universal proclamation of S. 234.1 of the Criminal Code infringed on the right to equality before the law, as outlined in S. 1 (b) of the Bill of Rights, the second issue raised in the lower courts was whether the random stopping of cars by police officers infringed on the right not to be arbitrarily detained described by S. 9 of the Charter of Rights and Freedoms, and another major issue raised in the lower courts was whether Mr. Hufsky’s rights were infringed upon…
The impact of state sovereignty on domestic and international law has significantly shifted the rights of all nations. Due to state sovereignty, many breaches of international law take place, especially in the areas of human rights, such as how Australia is not fulfilling its obligations, e.g. “Time for rethink on asylum seeker treatment” (SMH, 11/04/2013) Australian government has not practiced the requirements needed to maintain the fundamental human rights treaty for asylum seekers, within the Australian domestic law.…
The Veena Sethi case in the mid 1980s revealed the treatment of prisoners with mental ailment and their long imprisonment for periods running from sixteen to thirty years in custody, far in overabundance of sentences given in the vast majority of these cases—without presenting to them any substantive relief past discharge from illegal custody and transport and sustenance costs till they achieved home. That was some time before there was a cognizance or political enunciation of the rights of people with disabilities—which essentially today incorporates civil and political rights for prisoners with…
There have been numerous legal responses to asylum seekers in Australia, all of which have been ineffective in achieving fair outcomes for both Australian citizens and refugees seeking asylum in Australia. The basis for all legislation regarding refugees in Australia is the Migration Act 1958, which outlines powers such as being able to cap the number of refugees accepted into Australia each year, and defines a refugee as somebody “being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”, which is written according to the United Nation’s definition.12 Since then a number of amendments and additions have been made to this act, including the Migration Amendment Act 1992, Pacific Solution, Migration Amendment (Abolishing Detention Debt) Act 2009 and the Regional Resettlement Arrangement (RRA) Australia and Papua New Guinea. All of these legal responses to the issue of asylum seekers in Australia have proven ineffective as they fail to achieve fair outcomes for either those seeking asylum in Australia or the present citizens of Australia.…
The decision caused international backlash from other nations and the UN. Like, even North Korea, of all people said that they were "seriously concerned at the continued maltreatment of and violence against the refugees and asylum seekers." In 2015, a report submitted by the United Nations found that the treatment and "indefinite detention" of asylum seekers in Australia did not comply with its International Human Rights Obligations and was breaching international…
democracy, freedom and justice to that of a country that refuses to accept refugees on…
Zinn, R., and P. Brethour. 1999. Law of Human Rights in Canada: Practices and Procedures. Aurora: Canada…
"Canadian Council for Refugees." A Hundred Years of Immigration to Canada 1900. N.p., n.d. Web. 12 June 2013.…
3. The Immigration and Refugee Board is subject to a right to statutory appeal as per section 62 and section 63(1)…..63(5) of the Immigration and Refugee Protection Act.…
Harshad Mehta aka Deep Chhaya was an Indian stockbroker and is alleged to have engineered the rise in the BSE stock exchange in the year 1992. Exploiting several loopholes in the banking system, Mehta and his associates siphoned off funds from inter-bank transactions and bought shares heavily at a premium across many segments, triggering a rise in the Sensex. When the scheme was exposed, the banks started demanding the money back, causing the collapse. He was later charged with 72 criminal offenses and more than 600 civil action suits were filed against him. He died in 2002 with many litigations still pending against him.…
In special reference No.1 of 2002 , Re, (Gujarat assembly election matter) , the debate in the constituent assembly on article 85 and 174 was looked into. Khare, J .(as the learned chief justice then was) referred to kesavanandabharti case in support of the proposition that the constituent assembly debates are permissible aids in construction to ascertain intention to the constitution. The learned judge observed as follows :…
I greatly acknowledge the courtesy of my International Humanitarian Law & Human Rights faculty Mr. Rhishikesh Dave for his assistance and encouragement for preparing the present project. I am greatly thankful to him for his guidance and support for completing this project. I would like to thank the library staff of Gujarat National Law University for providing me with the reference facilities and helping me in preparing this project.…
Overview of Refugees Situation in India................................................................................... 1 Roadblocks to Formulating a Law.............................................................................................. 4 The Refugee Law and Its Benefits.............................................................................................. 6 Conclusion and Recommendations............................................................................................ 9…