Conceptualizing the best interests of the unaccompanied child in Canadian immigration law

This major research study explores the “best interests of the child” principle as codified by the Canadian federal government in relation to unaccompanied minors seeking asylum in Canada. Employing a qualitative content analysis design informed by an interest theory lens, this study examines two international policies and one national policy to compare how the best interests of the unaccompanied migrant child are conceptualized at each level. The research seeks to answer the following two questions: (1) how are the “best interests of the child”  conceptualized for unaccompanied minors in Canadian immigration legislation? and (2) how does Canadian

immigration legislation concerning the best interests of the unaccompanied migrant child compare to international legal instruments? The findings demonstrate that the best interests of the child are incompletely and poorly conceptualized within Canadian immigration legislation,

highlighting the imbalance between the focus on immigration control and child protection in Canada.

Key words: unaccompanied minor, best interests of the child, United Nations Convention on the Rights of the Child, Immigration and Refugee Protection Act