The Power of Perspectives

The Canadian Bar Association

Erika Schneidereit

Privacy rights

Surveillance oversight requires international effort

By Erika Schneidereit May 3, 2017 3 May 2017

Surveillance oversight requires international effort

 

Since reports on Edward Snowden’s leaks on U.S. spying were published four years ago, the question of where (and how) to draw the line between privacy rights and security interests has generated considerable interest both domestically and at the international level. And yet, international law is still grappling with how to effectively regulate governmental surveillance and access to personal data.

Any discussion on the topic must begin by considering the right to privacy in international law, enshrined as a fundamental human right both in Article 12 of the United Nations Declaration of Human Rights and in Article 17 of the International Covenant on Civil and Political Rights (as well as a handful of other international and regional agreements). But the right to privacy is also a qualified protection. Article 12 refers to no person being subjected to “arbitrary interference” with privacy and Article 17 prohibits “arbitrary or unlawful interference’ with privacy.

What does this mean exactly? 

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Human rights

The IOC and human rights

By Erika Schneidereit March 30, 2017 30 March 2017

The IOC and human rights

 

The Olympic Games – these words conjure up images of national anthems, medal counts, and the world’s best athletes competing for glory on the international stage.

But for many, reports of widespread human rights violations in the lead-up to the 2008, 2014 and 2016 Games overshadowed the excitement of watching the world’s finest go for gold.

The International Olympic Committee (IOC) has heeded calls from human rights organizations and other groups to establish the protection of human rights as a core value of the Games. In February, the IOC announced that it had revised its Host City Contract for the 2024 Games to strengthen human rights protections, including its first explicit reference to the United Nations Guiding Principles on Business and Human Rights. The amended contract states that host cities are required to:

protect and respect human rights and ensure any violation of human rights is remedied in a manner consistent with international agreements, laws and regulations applicable in the Host Country and in a manner consistent with all internationally-recognized human rights standards and principles, including the United Nations Guiding Principles on Business and Human Rights, applicable in the Host Country.

So, will this amendment really have an impact on the actions of future hosts?

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Immigration

The financial barriers to becoming new Canadians

By Erika Schneidereit March 2, 2017 2 March 2017

The financial barriers to becoming new Canadians

 

In the first nine months of 2016, immigrants hoping to become Canadian citizens submitted over 56,000 citizenship applications. The number may seem high, but is far lower than the nearly 112,000 applications submitted in the same period the year before – a nearly 50 per cent drop.

Why the decline? It’s hard to say exactly but former Immigration and Citizenship director general Andrew Griffith points to the rise in processing fees for citizenship applications, which jumped from $100 to $530 in 2014-2015. Add to that a “right of citizenship” fee, this increase tripled the price for immigrants wishing to process a citizenship application. 

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Trade

CETA is not a done deal yet

By Erika Schneidereit November 30, 2016 30 November 2016

 

After months of uncertainty, CETA appears to be back on track. While the European Parliament has yet to formally back the agreement, it recently rejected a motion that would delay implementation, suggesting that lawmakers will consent to the treaty’s provisional application. So does that mean CETA is safe?

Although CETA’s future looks relatively secure, any international agreement can be derailed. Canadians caught a glimpse of this with CETA’s last-minute challenge from Wallonia, the French-speaking region of Belgium. Although Walloon Minister-President Paul Magnette (pictured above) eventually withdrew his opposition, this may not be the last roadblock CETA must face.

To secure Walloon support, Belgium agreed to ask the European Court of Justice to review CETA’s investment dispute settlement system, leaving the door open to one of CETA’s more controversial aspects. Regardless of the Court’s decision, the investment dispute settlement system remains outside the scope of CETA’s provisional application, meaning that all Parties must ratify the agreement before it comes into force. This leaves plenty of time for Wallonia, or any other region, to bring up new concerns.

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Immigration

Exporting Canada's private sponsorship model

By Erika Schneidereit November 1, 2016 1 November 2016

In the midst of the Syrian refugee crisis and demands on national governments to do more, other countries have started looking to the Canadian private sponsorship program as a template from which to design their own schemes. Australia and New Zealand have adopted some form of private sponsorship program over the past several years. The United States is looking at the Canadian model. In July, the United Kingdom also launched its own community sponsorship scheme for refugees.

In most developed economies, the resettlement of refugees has traditionally been considered a job for government. In Canada, the federal government plays a key role obviously, but private organizations and groups have been able to fund and sponsor refugees for over three decades. Known as private sponsorship, this process has been garnering considerable attention in recent years both for its distinctiveness (until recently, Canada had the only private sponsorship program in the world) and for its success. Given the positive effects of this program, the United Nations High Commissioner for Refugees has praised the Canadian refugee resettlement model and encouraged the exportation of Canadian-style private sponsorship to other countries.

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