What is the test for an application to compel a Canadian government to provide evidence to support their claim that the Canadian government is failing to protect its citizens?
Canada (Federal), Canada
The following excerpt is from Arutinova v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 14766 (FC):
The applicants had the onus of producing clear and convincing evidence concerning their country"s inability to protect its citizens: Canada v. Ward , 1993 CanLII 105 (SCC), [1993] 2 S.C.R. 689. This decision laid down the following principle:
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