This is an examination of how conjugality acts as an access point for Canadian citizenship. The conjugal family unit — married or common-law — continues to be privileged in Canadian law and policy; this is especially evident in immigration policy and practice. Family class immigration continues to be a steady source of immigrants for Canada, spousal/partner sponsorship being the primary type of family reunification. In order to control access, a strict understanding of conjugality is used to distinguish between legitimate and illegitimate families. When it comes to family class immigration, it is not simply a case of individuals sponsoring individuals; it is about the state producing and maintaining the ideal family unit through the provision of citizenship. My analysis proceeds in two main parts. First, I engage with mainstream Canadian citizenship theory — focusing specifically on the work of Will Kymlicka and Rita Dhamoon — and analyze its focus on the individual citizen. Moreover, I examine how the state’s asymmetrical treatment of conjugality has created two versions of the conjugal family — the inside family (families within Canadian borders) and the outside family (families outside Canadian borders). Second, I explore the state’s reliance on conjugal relationships in their assessment of potential immigrants and refugees in three areas of immigration policy — the assessment of sexual minority refugee claimants, the assessment of common-law couples seeking sponsorship, and the government’s current crackdown on marriage fraud. Combined, these examples speak to the Canadian state’s vested interest in privileging the conjugal family unit; furthermore, they highlight how the inconsistent and often ambiguous treatment of conjugality undermines its effectiveness as the primary mode of identification in family class immigration. In summary, this dissertation integrates families into a body of scholarship that has ignored the role that one’s personal relationships plays in the provision of state access. / Thesis (Ph.D, Political Studies) -- Queen's University, 2013-03-06 20:33:38.518

<p>Migration is a process that begins with the mere thought of moving, but it continues long after the individual arrives in her or his new home. The process is constrained by certain factors such as capital, immigration policy, and the existence of kinship networks. Individuals who are able to overcome these constraints and decide to migrate, must overcome a new set of challenges upon arrival in the host county. These challenges include the need to adapt to a new labour market, use of a new language, and integration with the rest of society. Human and social capital are important tools that allow immigrants to successfully meet these challenges. </p><p>Human and social capital play different roles in the migration process of these individuals. Human capital allows Mexican individuals to overcome the barriers to initial migration, but it does not ensure successful social or labour market integration. Social capital is a more effective tool in the resettlement process, and it also helps to strengthen transnational bonds. </p><p>The Mexican community in the Vancouver CMA does not rely on a complex set of kinship networks. However, this study found that there is an ongoing process to create social capital. This process simultaneously encourages the formation of nationality-based social capital (i.e. bonding social capital) and bridging social capital. These types of capital are important because they help the community to overcome the challenges of integrating into the labour market as well as the larger society. Furthermore, the person-to-person contact between Mexicans and the rest of society fosters mutual understanding. Since much of the Mexican community maintains strong ties to the source country, integration is an important point of reference for further engagement between Mexico and Canada.</p>

Migration is a process that begins with the mere thought of moving, but it continues long after the individual arrives in her or his new home. The process is constrained by certain factors such as capital, immigration policy, and the existence of kinship networks. Individuals who are able to overcome these constraints and decide to migrate, must overcome a new set of challenges upon arrival in the host county. These challenges include the need to adapt to a new labour market, use of a new language, and integration with the rest of society. Human and social capital are important tools that allow immigrants to successfully meet these challenges. Human and social capital play different roles in the migration process of these individuals. Human capital allows Mexican individuals to overcome the barriers to initial migration, but it does not ensure successful social or labour market integration. Social capital is a more effective tool in the resettlement process, and it also helps to strengthen transnational bonds. The Mexican community in the Vancouver CMA does not rely on a complex set of kinship networks. However, this study found that there is an ongoing process to create social capital. This process simultaneously encourages the formation of nationality-based social capital (i.e. bonding social capital) and bridging social capital. These types of capital are important because they help the community to overcome the challenges of integrating into the labour market as well as the larger society. Furthermore, the person-to-person contact between Mexicans and the rest of society fosters mutual understanding. Since much of the Mexican community maintains strong ties to the source country, integration is an important point of reference for further engagement between Mexico and Canada.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.

The Canadian response following the Haitian earthquake of 2010 was not solely focused on providing humanitarian assistance. Canada also used several immigration measures both at the federal level and the provincial level in Quebec in order to facilitate the immigration of eligible Haitians to Canada and their subsequent reunification with their Canadian family members. This thesis explores these immigration measures and evaluates their effectiveness. In addition, the research examines the role that the large Haitian Diaspora in Canada played in bringing about the adoption of a set of immigration measures specifically for Haitians. The research shows that the Canadian measures implemented were both multi-dimensional – as a variety of immigration mechanisms were used, and multi-level – as the Canadian response included both federal and provincial initiatives in Quebec. While a number of measures were introduced federally, none of these measures could be considered “special” as they were all possible under Canada’s immigration legislation, and they were not unique to the post-earthquake context. In contrast, Quebec’s Humanitarian Sponsorship Program for Haitians was very “special” in that it was the first time such a program was implemented for a large group of people. The research also points to the fact that although using immigration mechanisms to respond to a humanitarian crisis has its benefits, these mechanisms are not designed to provide prompt protection and relief to individuals affected by crisis situations. The research also demonstrates that the use of the available complementary protection measures (humanitarian and compassionate considerations, moratorium and protected person status) did not make up the primary thrust of the Canadian immigration response to the earthquake in Haiti. This fact is indicative of the inadequacy of these measures in providing protection to individuals displaced by environmental factors. Finally, it is argued that although the existence of a large Haitian Diaspora was influential in creating a climate open to the adoption of special measures for Haitians, the Haitian Diaspora did not necessarily influence the specifics of the measures adopted to a significant degree.