caa a22 4500 397580975 CHVBK 20180308164907.0 cr unu---uuuuu 161202e199601 xx s 000 0 eng 10.1093/ijrl/8.1-2.144 doi (NATIONALLICENCE)oxford-10.1093/ijrl/8.1-2.144 ZAMBELLI PIA Procedural Aspects of Cessation and Exclusion: The Canadian Experience [Elektronische Daten] [PIA ZAMBELLI] In Canada, the non-existence of grounds for cessation and exclusion is critical to identification of Convention refugees. In the absence of legislation, procedural norms relative to cessation and exclusion have been developing on a case by case basis, but many grey areas remain. For instance, application of the cessation clause during the refugee status determination hearing itself has been extensively debated. Some judges favour consideration of cessation factors only after formal recognition has taken place, while many others approve of the pre-recognition application of the cessation clause. This both potentially disqualifies claimants from refugee status, but also, where warranted, allows them to benefit from certain humanitarian initiatives contained in the cessation clause. With the door open to application of the cessation clause at the refugee status determination stage, a set of clear procedural norms becomes necessary. Although prior notice of the possible application of the cessation clause is required, there is some doubt as to where the burden of proving cessation lies in the context of Canada's non-adversarial system. Furthermore, the relative position of inclusion and cessation remains largely a mystery. As with cessation, notice of the intended application of an exclusion clause is a legal right. It is also clear that the burden of proving exclusion lies with the State, but it is uncertain how this principle is to be applied if, as is possible, the hearing is non-adversarial and there is no State representative present. Finally, Canadian courts have unequivocally rejected the notion that there is to be a mandatory balancing of criminal and refugee character in the context of article 1F exclusion, as had been suggested by the UNHCR, some jurists and the president of the 1951 Conference of Plenipotentiaries. © Oxford University Press Articles nationallicence International Journal of Refugee Law Oxford University Press 8/1-2(1996-01), 144-155 0953-8186 8:1-2<144 1996 8 reflaw https://doi.org/10.1093/ijrl/8.1-2.144 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1093/ijrl/8.1-2.144 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- ZAMBELLI PIA NATIONALLICENCE 773 0- International Journal of Refugee Law Oxford University Press 8/1-2(1996-01), 144-155 0953-8186 8:1-2<144 1996 8 reflaw Metadata rights reserved CC BY-NC-4.0 http://creativecommons.org/licenses/by-nc/4.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-oxford