The federal government’s refugee policy is discriminatory and violates the Charter rights of refugee applicants from certain countries, a federal court ruled Thursday.
Denying certain refugee applicants the right to appeal based on their country of origin violates Charter equality provisions, Justice Keith Boswell ruled.
“The distinction drawn between the procedural advantage now accorded to non-[Designated Country of Origin] refugee claimants and the disadvantage suffered by DCO refugee claimants … is discriminatory on its face,” the ruling reads.
“It also serves to further marginalize, prejudice, and stereotype refugee claimants from DCO countries which are generally considered safe and ‘non-refugee producing.’
“Moreover, it perpetuates a stereotype that refugee claimants from DCO countries are somehow queue-jumpers or “bogus” claimants who only come here to take advantage of Canada’s refugee system and its generosity.”
The ruling is a victory for refugee applicants from 42 countries, who now have the chance to appeal rulings they couldn’t before.