Policing Canada’s Refugee System: A Critical Analysis of the Canada Border Services Agency

Idil Atak, Graham Hudson, Delphine Nakache, Policing Canada’s Refugee System: A Critical Analysis of the Canada Border Services Agency, International Journal of Refugee Law, Volume 31, Issue 4, December 2019, Pages 464–491, https://doi.org/10.1093/ijrl/eez040

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Abstract

The officers of the Canada Border Services Agency (CBSA) play pivotal roles at various stages in Canada’s refugee system, making decisions that are life-changing for asylum seekers. This article examines the evolving institutional setting and processes that define the CBSA’s enforcement policy and its consequences for asylum seekers in Canada. Drawing on the findings of field-research, conducted between October 2015 and May 2018 in three Canadian provinces (Ontario, British Columbia, and Quebec), it argues that the Agency operates in a specific social universe heavily shaped by the post-9/11 geopolitical context of the criminalization of migration. This situation has been exacerbated by the major overhaul of Canada’s refugee system, undertaken by the previous Conservative government in 2012. The article further contends that the way the CBSA has been involved in refugee status determination turns Canada’s refugee system into an adversarial and unfair process for some groups of asylum seekers. To that end, it highlights the CBSA’s policies in three areas: eligibility determination, front-end security screening of refugee claimants, and ministerial interventions at the Immigration and Refugee Board of Canada.