This article paints a troubling picture of disparate treatment in the Federal Court of Canada. Examining more than 600 immigration and refugee claims, the results link judicial action to litigants' representation, their demographics and national region, and the background and ideology of the judges involved. When compared with prior research in Canada and similar studies from the United States, the findings suggest that an applicant in search of a just result would do as well to hire an experienced lawyer and hope for a sympathetic judge as to prepare an excellent appeal. Canada's immigration process requires greater attention so that the reality of its operation matches the promise of the nation's intentions.
Abstract.
This article explores the evolving relationship between the concept of discrimination in international labour law and the socio‐economic phenomenon of inequality at work. While non‐discrimination was initially understood as a fairly limited legal principle mandating equal treatment for similarly situated individuals, it subsequently expanded to address indirect discrimination resulting from apparently neutral rules, standards and practices at work. It has expanded further to take on group‐based patterns of inequality at work related to the structural constraints of the market, the family and community life, ultimately resulting in convergence between anti‐discrimination law and legal initiatives to reduce class‐based socioeconomic inequality and poverty.
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