Delphine Nakache teaches in the areas of public international law and migration and refugee law. Her research interests include securitization of migration, refugee and citizenship policies; migration and human rights standards; employment standards in a migration/mobility context. She is currently conducting two SSHRC-funded researches: one on the intersection of security, irregular migration and asylum (along with Professors Idil Atak (Principle Investigator, Ryerson University) and Graham Hudson (Ryerson)); the other on employment standards for all Canadians and migrant workers' protections in a context of employment-related geographical mobility in Canada (Professor Barb Neis, from Memorial University, is the Principle Investigator). She recently finalized research on pathways to permanent residency for migrant workers in Canada. Phone: + 1(613) 562-5800 (2647) Address: 120 University (8005), Ottawa, Ontario, Canada, K1N 6N5
Despite the absence of a separation of church and state in legal texts, the Canadian state must r... more Despite the absence of a separation of church and state in legal texts, the Canadian state must refrain from adopting measures that have the objective or the effect of restricting a religious belief/practice and favouring one religion over another. Yet a proper understanding of “state neutrality” within the Canadian context calls for a cautious interpretation of this term. First, church/state separation does not necessarily entail the removal of religion from public space. Second, given Canada’s multicultural tradition, freedom of religion has been interpreted as requesting the state to make reasonable accommodation for religious minorities if discrimination arises in the application of a norm or an otherwise legitimate public policy. Freedom of religion is not absolute, and courts have developed a two-step test to ascertain whether the infringement of the claimant’s religious freedom can be reasonably justified by state intervention. This test is not easy to apply for front-line de...
This Working Paper examines the concept of the vulnerability of migrants which has become a key t... more This Working Paper examines the concept of the vulnerability of migrants which has become a key term in the UN's negotiations for a Global Compact on Safe, Orderly and Regular Migration. The authors argue that the concept must be interpreted inclusively and related to the human rights obligations of states through the UN conventions. All too often migrants are vulnerable because of state action. States must ensure that they deliver on their human rights obligations in ways which reduce the vulnerability of migrants.
Although more and more temporary migrant workers are becoming permanent residents in Canada, thei... more Although more and more temporary migrant workers are becoming permanent residents in Canada, their experience with immigration opportunities remains under-studied. This study aims to fill that gap by examining the lived experience of migrant workers — in skilled and low-skilled occupations — who transition to permanent residence. Authors Delphine Nakache and Leanne Dixon-Perera rely on interviews and focus group discussions with 99 participants (including current and former migrant workers who have become permanent residents, nongovernmental organizations, employers and public servants) to address the following research questions: What factors lead migrant workers to seek permanent residence? What challenges do they face in their transition to permanent residence, and how do they overcome them? What are the implications of two-step migration for settlement?A considerable number of the migrant workers interviewed indicated that their decision to seek permanent residence was not made ...
Introduction: Part I. Nature of Immigration Regulation: Theoretical Perspectives: Chapter 1. Robe... more Introduction: Part I. Nature of Immigration Regulation: Theoretical Perspectives: Chapter 1. Robert Vineberg: Immigration and Federalism: Responsibility for immigration in the light of the literature on federalism.- Chapter 2. Helene Pellerin: On governance of migration management at the world level, lessons and challenges.- Chapter 3. Raquel Aldana: Immigration Federalism and Rights.- Part II. Comparative Perspectives: Chapter 4. Sasha Baglay and Delphine Nakache: Immigration Federalism in Canada: Provincial and Territorial Nominee Programs (PTNPs).- Chapter 5. France Houle: Implementing Quebec Intercultural Policy through the Selection of Immigrants.- Chapter 6. Robert Birrell: Migration: the Australian Experience.- Chapter 7. Dagmar Soennecken: Germany and the Janus Face of Immigration Federalism: Devolution vs. Centralization.- Chapter 8. Anita Manatschal: Swiss Immigration Federalism.- Chapter 9. Jennifer Chacon: The Transformation of U.S. Immigration Federalism: A Critical Rea...
This short conceptual definition of Forced Migration provides a concise, yet expert explanation o... more This short conceptual definition of Forced Migration provides a concise, yet expert explanation of the subject, differentiating concepts such as Refugees, Asylum seekers, Internally displaced persons, Development displacees and Environmental and disaster displacees, Trafficked persons
Book review of Mark R. Von Sternberg, the Grounds of Refugee Protection in the Context of Interna... more Book review of Mark R. Von Sternberg, the Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law, Canadian and United States Case Law Compared, the Hague: Martinus Nijhoff, 2002, 344 pp
This chapter first introduces the complexity of international migrations by presenting the differ... more This chapter first introduces the complexity of international migrations by presenting the different dimensions of the phenomenon. It then briefly describes the chapters of the book, which is divided in five parts: 1. migration as an individual trajectory through social space; 2. migration as the focus of the political discourse on identity; 3. migration as a concern for security and territorial sovereignty ; 4. migration as a vector of social transformation; 5. migration as a human rights issue.
In OECD countries, international mobility programs such as youth mobility schemes have gained pop... more In OECD countries, international mobility programs such as youth mobility schemes have gained popularity over the last years. In Canada, the International Mobility Program (IMP) has become the dominant mechanism for temporary migrant workers to enter into Canada, and yet, this stream has operated largely below the radar of public debate. Our article focuses on International Experience Canada (IEC), a category of the IMP allowing young people to work and travel in Canada. Based on documentary, survey and interview material with IEC participants, we investigate how the IEC regulatory framework influences the employment and immigration experiences of these young workers. We argue that, instead of being a form of privileged youth mobility, the IEC is composed of multiple regulations resulting in significant variations in conditions of admission and stay among migrant workers. This situation leads to differentiated employment conditions and uneven transitions to permanent residence.
Immigration is increasingly preoccupying politicians, policy-makers and citizens around the world... more Immigration is increasingly preoccupying politicians, policy-makers and citizens around the world. For the most part, however, the focus has been on the economic impact and social integration of new migrants. The authors of this study, Francois Crepeau and Delphine Nakache, address an issue that is often overlooked: The legal framework through which we welcome newcomers, whether they are legal or illegal. More specifically, they examine the Canadian migration regime and the disparities between state migration controls (the state sovereignty paradigm) on the one hand, and international and national provisions to protect fundamental rights (the human rights paradigm) on the other. The authors suggest ways that these two apparently conflicting paradigms can be reconciled so as to ensure that migrants’ individual rights are duly protected. Crepeau and Nakache look first at how migrants (including irregular migrants, defined, in this paper, as migrants who are in - or try to enter - a de...
This report aims to explore and compare employment-related geographical mobility (ERGM) issues wi... more This report aims to explore and compare employment-related geographical mobility (ERGM) issues with regards to minimum employment standards (ES) of several Canadian provinces. ERGM entails “extended travel and related absences from places of permanent residence for the purpose of, and as part of, employment.” The scope of such travels is variable, extending from a daily total of 3 hours to more extended absences. Minimum ES govern the basic terms and conditions of employment (wages, vacation, statutory holidays, hours of work and overtime, leaves of absence, etc.) that neither the employee nor the employer can validly contract out of. Since labour falls under provincial jurisdiction, the ES legal framework varies in each Canadian province and territory.
With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigra... more With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigrants and refugees. However, policy changes over the past decade — which we identify as falling within the “civic integration paradigm” — have led to a steady decline in both citizenship applications and attributions. This paper takes a closer look at the reasons for this decline. In particular, we examine who fails in meeting the mandatory citizenship knowledge and language requirements such as members of the family class and refugees. We also show that Canada’s naturalization rules have become highly econocentric.
Revue européenne des migrations internationales (REMI), 2020
With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigra... more With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigrants and refugees. However, policy changes over the past decade — which we identify as falling within the “civic integration paradigm” — have led to a steady decline in both citizenship applications and attributions. This paper takes a closer look at the reasons for this decline. In particular, we examine who fails in meeting the mandatory citizenship knowledge and language requirements such as members of the family class and refugees. We also show that Canada’s naturalization rules have become highly econocentric.
NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy
The spectrum of employment-related geographical mobility ranges from hours-long daily commutes to... more The spectrum of employment-related geographical mobility ranges from hours-long daily commutes to journeys that take workers away from home for an extended period of time. Although distance and travel conditions vary, there is a strong consensus within existing literature that mobility has physical, psychological, and social repercussions. However, is time spent traveling considered as working time? This question is crucial as it dictates whether or not workers can effectively access different sets of labor rights. The objective of this paper is twofold. First, contributing to a deeper understanding of travel time by offering a more sustained and complex representation of the various employment-related travel schemes. Second, assessing the circumstances under which travel time counts as work time with regard to the employment standards legislation in force in four Canadian provinces: Quebec, Ontario, Alberta, and British Colombia.
Despite the absence of a separation of church and state in legal texts, the Canadian state must r... more Despite the absence of a separation of church and state in legal texts, the Canadian state must refrain from adopting measures that have the objective or the effect of restricting a religious belief/practice and favouring one religion over another. Yet a proper understanding of “state neutrality” within the Canadian context calls for a cautious interpretation of this term. First, church/state separation does not necessarily entail the removal of religion from public space. Second, given Canada’s multicultural tradition, freedom of religion has been interpreted as requesting the state to make reasonable accommodation for religious minorities if discrimination arises in the application of a norm or an otherwise legitimate public policy. Freedom of religion is not absolute, and courts have developed a two-step test to ascertain whether the infringement of the claimant’s religious freedom can be reasonably justified by state intervention. This test is not easy to apply for front-line de...
This Working Paper examines the concept of the vulnerability of migrants which has become a key t... more This Working Paper examines the concept of the vulnerability of migrants which has become a key term in the UN's negotiations for a Global Compact on Safe, Orderly and Regular Migration. The authors argue that the concept must be interpreted inclusively and related to the human rights obligations of states through the UN conventions. All too often migrants are vulnerable because of state action. States must ensure that they deliver on their human rights obligations in ways which reduce the vulnerability of migrants.
Although more and more temporary migrant workers are becoming permanent residents in Canada, thei... more Although more and more temporary migrant workers are becoming permanent residents in Canada, their experience with immigration opportunities remains under-studied. This study aims to fill that gap by examining the lived experience of migrant workers — in skilled and low-skilled occupations — who transition to permanent residence. Authors Delphine Nakache and Leanne Dixon-Perera rely on interviews and focus group discussions with 99 participants (including current and former migrant workers who have become permanent residents, nongovernmental organizations, employers and public servants) to address the following research questions: What factors lead migrant workers to seek permanent residence? What challenges do they face in their transition to permanent residence, and how do they overcome them? What are the implications of two-step migration for settlement?A considerable number of the migrant workers interviewed indicated that their decision to seek permanent residence was not made ...
Introduction: Part I. Nature of Immigration Regulation: Theoretical Perspectives: Chapter 1. Robe... more Introduction: Part I. Nature of Immigration Regulation: Theoretical Perspectives: Chapter 1. Robert Vineberg: Immigration and Federalism: Responsibility for immigration in the light of the literature on federalism.- Chapter 2. Helene Pellerin: On governance of migration management at the world level, lessons and challenges.- Chapter 3. Raquel Aldana: Immigration Federalism and Rights.- Part II. Comparative Perspectives: Chapter 4. Sasha Baglay and Delphine Nakache: Immigration Federalism in Canada: Provincial and Territorial Nominee Programs (PTNPs).- Chapter 5. France Houle: Implementing Quebec Intercultural Policy through the Selection of Immigrants.- Chapter 6. Robert Birrell: Migration: the Australian Experience.- Chapter 7. Dagmar Soennecken: Germany and the Janus Face of Immigration Federalism: Devolution vs. Centralization.- Chapter 8. Anita Manatschal: Swiss Immigration Federalism.- Chapter 9. Jennifer Chacon: The Transformation of U.S. Immigration Federalism: A Critical Rea...
This short conceptual definition of Forced Migration provides a concise, yet expert explanation o... more This short conceptual definition of Forced Migration provides a concise, yet expert explanation of the subject, differentiating concepts such as Refugees, Asylum seekers, Internally displaced persons, Development displacees and Environmental and disaster displacees, Trafficked persons
Book review of Mark R. Von Sternberg, the Grounds of Refugee Protection in the Context of Interna... more Book review of Mark R. Von Sternberg, the Grounds of Refugee Protection in the Context of International Human Rights and Humanitarian Law, Canadian and United States Case Law Compared, the Hague: Martinus Nijhoff, 2002, 344 pp
This chapter first introduces the complexity of international migrations by presenting the differ... more This chapter first introduces the complexity of international migrations by presenting the different dimensions of the phenomenon. It then briefly describes the chapters of the book, which is divided in five parts: 1. migration as an individual trajectory through social space; 2. migration as the focus of the political discourse on identity; 3. migration as a concern for security and territorial sovereignty ; 4. migration as a vector of social transformation; 5. migration as a human rights issue.
In OECD countries, international mobility programs such as youth mobility schemes have gained pop... more In OECD countries, international mobility programs such as youth mobility schemes have gained popularity over the last years. In Canada, the International Mobility Program (IMP) has become the dominant mechanism for temporary migrant workers to enter into Canada, and yet, this stream has operated largely below the radar of public debate. Our article focuses on International Experience Canada (IEC), a category of the IMP allowing young people to work and travel in Canada. Based on documentary, survey and interview material with IEC participants, we investigate how the IEC regulatory framework influences the employment and immigration experiences of these young workers. We argue that, instead of being a form of privileged youth mobility, the IEC is composed of multiple regulations resulting in significant variations in conditions of admission and stay among migrant workers. This situation leads to differentiated employment conditions and uneven transitions to permanent residence.
Immigration is increasingly preoccupying politicians, policy-makers and citizens around the world... more Immigration is increasingly preoccupying politicians, policy-makers and citizens around the world. For the most part, however, the focus has been on the economic impact and social integration of new migrants. The authors of this study, Francois Crepeau and Delphine Nakache, address an issue that is often overlooked: The legal framework through which we welcome newcomers, whether they are legal or illegal. More specifically, they examine the Canadian migration regime and the disparities between state migration controls (the state sovereignty paradigm) on the one hand, and international and national provisions to protect fundamental rights (the human rights paradigm) on the other. The authors suggest ways that these two apparently conflicting paradigms can be reconciled so as to ensure that migrants’ individual rights are duly protected. Crepeau and Nakache look first at how migrants (including irregular migrants, defined, in this paper, as migrants who are in - or try to enter - a de...
This report aims to explore and compare employment-related geographical mobility (ERGM) issues wi... more This report aims to explore and compare employment-related geographical mobility (ERGM) issues with regards to minimum employment standards (ES) of several Canadian provinces. ERGM entails “extended travel and related absences from places of permanent residence for the purpose of, and as part of, employment.” The scope of such travels is variable, extending from a daily total of 3 hours to more extended absences. Minimum ES govern the basic terms and conditions of employment (wages, vacation, statutory holidays, hours of work and overtime, leaves of absence, etc.) that neither the employee nor the employer can validly contract out of. Since labour falls under provincial jurisdiction, the ES legal framework varies in each Canadian province and territory.
With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigra... more With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigrants and refugees. However, policy changes over the past decade — which we identify as falling within the “civic integration paradigm” — have led to a steady decline in both citizenship applications and attributions. This paper takes a closer look at the reasons for this decline. In particular, we examine who fails in meeting the mandatory citizenship knowledge and language requirements such as members of the family class and refugees. We also show that Canada’s naturalization rules have become highly econocentric.
Revue européenne des migrations internationales (REMI), 2020
With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigra... more With a naturalization rate above 80%, Canada is a world leader in granting citizenship to immigrants and refugees. However, policy changes over the past decade — which we identify as falling within the “civic integration paradigm” — have led to a steady decline in both citizenship applications and attributions. This paper takes a closer look at the reasons for this decline. In particular, we examine who fails in meeting the mandatory citizenship knowledge and language requirements such as members of the family class and refugees. We also show that Canada’s naturalization rules have become highly econocentric.
NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy
The spectrum of employment-related geographical mobility ranges from hours-long daily commutes to... more The spectrum of employment-related geographical mobility ranges from hours-long daily commutes to journeys that take workers away from home for an extended period of time. Although distance and travel conditions vary, there is a strong consensus within existing literature that mobility has physical, psychological, and social repercussions. However, is time spent traveling considered as working time? This question is crucial as it dictates whether or not workers can effectively access different sets of labor rights. The objective of this paper is twofold. First, contributing to a deeper understanding of travel time by offering a more sustained and complex representation of the various employment-related travel schemes. Second, assessing the circumstances under which travel time counts as work time with regard to the employment standards legislation in force in four Canadian provinces: Quebec, Ontario, Alberta, and British Colombia.
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Papers by Delphine Nakache