Tuesday, January 13, 2015

Immigration Article of the Day: Critical Analysis: National Security and Targeting of Particular Communities Post 9/11 in Canada by Sadiq Al-Ali

Critical Analysis: National Security and Targeting of Particular Communities Post 9/11 in Canada by Sadiq Al-Ali,York University - Faculty of Liberal Arts & Profressional Studies September 1, 2014

Abstract: The central argument that will be advanced within this piece is that particular communities within Canada have been disproportionately targeted and have incurred unequal costs vis-à-vis others in light of the security certificate program within context of post 9/11. The paper will be divided into four sections framed within a Canadian context that looks at how particular communities were affected by the security certificate program. The first section attempts to critically engage with the contested definition of national security, and the relevance of the notion as it pertains to the historical experiences of particular groups, while explicating its applicability in light of identity and immigration policy. The second section addresses how the logic of security found within state legislation, provides the need legitimacy for the state to engage with controversial security measures, that undermine both the legal rights and human rights of the subject targeted (i.e. non-citizen/citizen). The third section brings forth the practice of racial profiling to the forefront in conjunction with how national security measures have impacted racialized communities and individuals in light of Agamben’s ‘state of exception’ concept and the costs of the racial profiling. While the final section examines the role of the judiciary and its treatment of the IRPA as it pertains to refugees in light of international norms by reflecting upon a number of cases. The objective of the latter is to see whether the Court has assigned priority to International Human Rights Law as a way to remedy those disproportionate targeted by the state.

KJ

https://lawprofessors.typepad.com/immigration/2015/01/immigration-article-of-the-day--1.html

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