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This comment discusses the findings of the review of 63 sentencing decisions made in the 4-year period immediately following the R v Pham decision. The main objective of the study is to explore how courts have been applying Pham - specifically how their construction of the inadmissibility process impacted the weight given to collateral immigration consequences and whether it led to slight mitigation of sentences. The study reveals some inconsistencies in judicial approach to the certainty of removal and its use as a factor in sentence mitigation. It is hoped that these findings will prompt both courts and defence counsel to become more cognizant of the nuances of the inadmissibility regime and strive to develop a more principled framework for consideration of these consequences in sentencing. [ABSTRACT FROM AUTHOR]

This paper compares the protection available to victims of transborder trafficking using two mechanisms in Canada: the assistance program for victims of trafficking and refugee law. It argues that the two mechanisms should be viewed as parts of a larger protection framework, connected by a common referral system whereby a trafficked person could obtain information and legal advice on both options at the time of their initial contact with the authorities. [ABSTRACT FROM AUTHOR]

This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its implications for immigrants’ rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative studies on immigration federalism in Australia and Canada, our research is exploratory by nature. Our finding is that provincial/state/territorial programs offer some advantages to prospective applicants (such as increased immigration opportunities), but, at the same time, raise a number of concerns (such as an increased dependence on employers). As our study reveals, the costs and benefits of immigration opportunities under state/provincial/territorial programs differ for skilled and low-skilled workers, whereby the latter are given only limited access to permanent residence, and on more onerous conditions than skilled workers. Drawing on these findings, we identify areas in need of further research and policy response. [ABSTRACT FROM PUBLISHER]

Despite recognition that trafficking in persons constitutes a violation of the most fundamental human rights, adjudication of refugee claims made by victims remains a challenge. This article discusses the application of the refugee definition as well as of the complementary protection grounds under the CAT and the ICCPR to cases of human trafficking, and evaluates the comparative strengths of each approach in the context of Australia and Canada. While neither the Refugee Convention, the CAT nor the ICCPR offer a perfect framework for examining the claims of victims of human trafficking, they can work in a mutually complementary manner. It is therefore suggested that human trafficking cases are considered within a comprehensive framework, which involves examination of both Convention and non-Convention grounds of protection. [ABSTRACT FROM PUBLISHER]