Particular Social Group : A Human Rights Based Approach in Canadian Jurisprudence

Increased international attention over the years on the interpretation of the 1951 Convention refugee definition reflects a growing interest in how elements of the definition are applied both within and between domestic jurisdictions. In Canada, this interest is reflected in legal commentary and in the jurisprudence of both the Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board (IRB) and the higher courts that have jurisdiction to review CRDD decisions. This article focuses on how laquo;particular social groupraquo; has been interpreted in Canadian law. The central issue is whether there is a framework of analysis, consistent with the overall purposes of the Convention, which, if applied rigorously would yield consistent and principled results. The authors approach this by looking first at the human rights framework of analysis for the particular social group ground articulated by the Supreme Court of Canada in 1993 and the development of the relevant Canadian jurisprudence since then. They identify a rather diverse body of jurisprudence not united by a consistent and principled analytical approach, and provide examples of how a human rights framework of analysis could be applied to the various types of claims which are brought on the particular social group ground. They conclude that such a framework of analysis promises to provide consistent and principled results that are in keeping with the purposes of the Convention and the underlying themes of human rights