Full bibliography
Re-Imagining Haj Khalil v. Canada: Cultural Competence and Tort Law
Resource type
            
        Author/contributor
                    - Bahdi, Reem (Author)
Title
            Re-Imagining Haj Khalil v. Canada: Cultural Competence and Tort Law
        Abstract
            Tort law can only deliver justice if decision-makers exercise cultural competence; one cannot see the true suffering of the other by looking through a uni-cultural lens. A uni-cultural lens blurs the differences between people’s lived experiences and obscures the decision-maker’s capacity to understand  the suffering of others, thereby silencing that suffering.  This silencing in turn undermines the aims of tort law. This paper emphasizes the importance of cultural competence for tort law by analyzing the Federal Court’s 2007 decision in Haj Khalil v. Canada. The Federal Court held that immigration officials did not owe a duty of care to Haj Khalil and could not be held accountable for the unreasonable delay in processing her application for permanent residency.  It also ruled that the delay could not have caused her losses. I conclude that an examination of the facts that framed Haj Khalil`s claim against immigration officials through a culturally competent lens would open the possibility of a different understanding of causation as it arises on the facts of the case.
        Genre
            SSRN Scholarly Paper
        Archive ID
            1716931
        Place
            Rochester, NY
        Date
            2009
        Accessed
            9/4/23, 1:30 AM
        Short Title
            Re-Imagining Haj Khalil v. Canada
        Language
            en
        Library Catalog
            Social Science Research Network
        Citation
            Bahdi, R. (2009). Re-Imagining Haj Khalil v. Canada: Cultural Competence and Tort Law (SSRN Scholarly Paper 1716931). https://papers.ssrn.com/abstract=1716931
                Author / Editor
            
            
        Link to this record