Case Notes: Canada (Attorney-General) V. Ward (1993)
- IJLLR Journal
- Jun 5
- 1 min read
Naveen Prem, Vellore Institute of Technology, School of Law, Chennai Campus
ABSTRACT
This Case Comment critically examines the judgement of the Supreme Court of Canada in the case of Canada (Attorney-General) v. Ward (1993) which was responsible for the redefinition of the core principles of refugee law especially with respect to the interpretation of terms such as persecution, state protection, asylum, etc. With that, the case also revitalized the scope of the Refugee Convention in the world forum. Through the case, the court had also broadened the understanding of political opinions while rejecting state-centric view of persecution. This paper highlights and examines the heart of the judgement which were the doctrinal questions that were reasoned and held. It also enumerates in detail the ambiguities that came with the progressive aspects of the judgement. The commentary will dwell on the lack in the provision of a robust or consistent test to define the term particular social group. Through doctrinal analysis and critical examination, this paper evaluates the impacts of the judgment in cases of future adjudications on similar instances while aligning it with international human rights norms. Thus, this case comment on the judgement stives to critically analyses and establish the foundational nature of the case that has continued to shape the silhouettes of Refugee law while revealing the contemporary need for in inclusivity and legal clarity in the determination of refugee status.
