Deterrents and Detention: An III Conceived Afterthought

Abstract

In response to the clandestine arrivaI in Nova Scotia earlier this summer of 174 persons who subsequently claimed refugee status, the Federal Government recaUed Parliament two weeks ago to introduce Bill C-84. Styled the Deterrents and Detention Bill, its content is every bit as ominous as its title suggests. Although one of the Bill 's purposes is stated to he to preserve access for genuine refugees, clearly the opposite result is achieved by sorne of its provisions. In an attempt to prevent abuse of the refugee determination system and to respond to security concerns, the proposed legislation has been drafted in such sweeping language that a number of its clauses are in fairly obvious violation of both international law and the Canadian Charter of Rights and Freedoms. Simply put, the Bill goes too far. In its haste to respond to a perceived crisis, the Government has failed to respect fundamentallegal standards.