Category Archives: Litigation

D. Galloway et al – Immigration and Refugee Law, 2e

Each year, UVic faculty, staff, students, alumni and retirees produce an incredible amount of intellectual content reflecting their breadth and diversity of research, teaching, personal and professional interests. A list of these works is available here.

UVic is pleased to feature a recent publication edited by UVic faculty member, Donald Galloway.  His book, Immigration and Refugee Law: Cases, Materials, and Commentary, 2nd edition is a comprehensive look at immigration issues in Canadian law.

About the Book

The structure of Canadian migration law has been transformed significantly, on both federal and provincial levels, with respect to temporary and permanent migration, Immigration and Refugeenational security, Canada’s deportation regime, inland refugee determination, family class, and economic immigration. In response to these changes, the second edition of this foundational casebook has been completely rewritten and restructured to achieve a streamlined and coherent survey of Canada’s current immigration law and policy.

In the second edition of Immigration and Refugee Law: Cases, Materials, and Commentary, new articles and essays have been added to illuminate central themes in the contemporary study of the Canadian immigration system, including security, criminalization, and sovereignty. Overviews at the beginning of each chapter illustrate overarching conceptual relationships between topics and facilitate efficient referencing.

This ambitious text explores the current state of Canada’s evolving immigration system, surveyed in historic, social, and comparative contexts. Insightful commentary on racial, gender, and class dimensions contributes to a thorough and multi-faceted analysis.

galloway-profileAbout Donald Galloway

Donald Galloway (LLB, University of Edinburgh; LLM, Harvard) is a Professor of Law at the University of Victoria. He specializes in immigration law, citizenship law, and refugee law. He has authored and co-authored three general texts on Canadian immigration law. He has served as a member of the Immigration and Refugee Board, was the founding President of the Canadian Association for Refugee and Forced Migration Studies, and has been an executive member of the Canadian Association of Refugee Lawyers, serving as the co-chair of its Legal Research Committee.

About the Other Editors

Sharry Aiken (BA, MA, LLB, LLM) is an associate professor in the Faculty of Law at Queen’s University, where she teaches immigration law, international refugee law, international human rights, and administrative law. A past president of the Canadian Council for Refugees and former editor-in-chief of Refuge (2001-2011), Sharry continues to be actively engaged in advocacy and pro bono litigation.

Catherine Dauvergne (BA, MA, LLB, PhD) is a Professor of Law at the University of British Columbia and a Fellow of the Trudeau Foundation. She teaches, researches, and writes in the area of migration law and is involved in pro bono litigation. Dauvergne has recently completed a study of the failure of Canada’s Charter of Rights and Freedoms to protect the rights of non-citizens.

Colin Grey (LLB, LLM, JSD) is Professeur régulier en droit des migrations at the University of Québec à Montréal (UQAM). He is the author of Justice and Authority in Immigration Law, a work of legal and political theory. He is also a former legal advisor for the Immigration and Refugee Board of Canada.

Audrey Macklin (BSc, LLB) is Professor of Law at the University of Toronto and Chair in human rights law. She teaches, researches, and writes in the areas of migration and citizenship law, gender and culture, and business and human rights. From 1994-96, Macklin was a member of Canada’s Immigration and Refugee Board. She has represented human rights organizations as an intervener in several migration and human rights cases before the Federal Court and the Supreme Court of Canada.

Internet links not libel

Internet links not libel, top court rules | Megan Fitzpatrick | CBC | Oct 19, 2011

“Hyperlinking to defamatory material on the internet does not constitute publishing the defamatory material itself, the Supreme Court of Canada ruled Wednesday.

In its unanimous decision to dismiss the case, the court said a hyperlink, by itself, should never be considered “publication” of the content to which it refers. But that doesn’t mean internet users shouldn’t be careful about how they present links. The court says that if someone presents content from the hyperlinked material in a way that repeats the defamatory content, they can be considered publishers and are therefore at risk of being sued for defamation.

The court agreed with the arguments that applying the definition of publisher to someone who hyperlinks could have a chilling effect on internet use.”

For more on the story see:

Also see: Michael Geist column in the Toronto Star

Google’s digitization of books

CBC News | November 9, 2009

A backgrounder on Google’s project to digitize all the world’s books.
The Google Books settlement with U.S. writers and publishers, now scheduled for release Nov. 13, is the result of a four-year tussle over the question of whether the company has the right to digitize millions of books, both those in print and those out of print.

Google began its digitizing project in 2005, going to several major university libraries and digitizing every book it found there. The company said its aim is to increase the amount of knowledge available online. But the Authors Guild of America accused the company of “massive copyright infringement” and began a class-action lawsuit against it. Publishers later joined in. That class action has resulted in Google displaying only snippets of books not yet in the public domain.