Canada (AG) v Ward | |
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Hearing: March 25, 1992 Judgment: June 30, 1993 | |
Full case name | Patrick Francis Ward v. The Attorney General of Canada |
Citations | [1993] 2 S.C.R. 689 |
Docket No. | 21937 [1] |
Prior history | Judgment for the Attorney General of Canada in the Federal Court of Appeal. |
Ruling | Appeal allowed. |
Holding | |
In refugee law, "persecution" includes situations where a state is unable to protect its citizens. | |
Court membership | |
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci | |
Reasons given | |
Unanimous reasons by | La Forest J. |
Lamer C.J. and Sopinka, McLachlin, and Stevenson JJ. took no part in the consideration or decision of the case. |
Canada (AG) v Ward, [1993] 2 S.C.R. 689 is a leading immigration case decided by the Supreme Court of Canada on test for determining a "well-founded fear of persecution" in order to make a claim for Convention refugee status. The Court held that persecution need not originate from the state, and that mere inability to provide protection is sufficient to establish a claim for persecution.
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