What is the test for determining whether a government can provide adequate protection to a victim of domestic violence?
Canada (Federal), Canada
The following excerpt is from Tobar v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8150 (FC):
To determine whether a government can offer adequate protection a court must look not only at whether the government is able to offer such protection, but whether it will do so: see Bobrik v. M.C.I. (September 16, 1994 - IMM-5519-93 (F.C.T.D.)). Among the relevant factors, it must ascertain whether family violence is penalized under the country's legislation, whether that legislation is designed to protect victims against attacks and, most importantly, whether it is applied.
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