According to UBC Faculty of Law News, UBC Law Professor Catherine Dauvergne and Ph.D. student Asha Kaushal recently were cited in a landmark decision of the Supreme Court of Canada, a decision that will have an impact on future war crimes cases and refugee applications.
The Vancouver Sun described the case as a new test for the degree of participation in war crimes that justifies denying refugee status. The Court unamimouslyheld that mere association with a government or group perpetuating war crimes does not invalidate the refugee claim and that a refugee claimant had to be actively involved with war crimes to invalidate his or her claim. Refugee lawyers and advocates view this case as a clear victory, having often criticized Canada’s complicity with war crimes test as being overly broad and out of sync with international law.
The work cited in the decision was Kaushal, Asha and Catherine Dauvergne: “The Growing Trend of Exclusion: Trends in Canadian Refugee Exclusions” (2011), 23 Int’l. J. Refugee L. 54.