Canada (AG) v Ward
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.
| Canada (AG) v Ward | |
|---|---|
 | |
| 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. | |
Background
Patrick Ward was a member of the Irish National Liberation Army. He was assigned to guard some hostages and when they were ordered to be killed he allowed them to escape. The INLA discovered that Ward has assisted in the escape from the police. They tortured him and sentenced him to death. He escaped and went to the police who discovered his involvement in the initial kidnapping so sent him to jail. Upon his release he escaped to Canada and claimed refugee status. His claim was initially rejected and was sent back for redetermination on appeal. The refugee determination board found he was a refugee, on appeal to the Federal Court of Canada the claim was rejected. Ward appealed to the Supreme Court of Canada.
Opinion of the Court
La Forest J., writing for a unanimous Court, held that Ward did not fall into the convention refugee definition.
External links
- Full text of Supreme Court of Canada decision at LexUM and CanLII
- SCC Case Information - Docket 21937 Supreme Court of Canada