The case, launched in April 2017, alleges that BC has a constitutional responsibility under the Charter of Rights and Freedoms to ensure access to the
justice system for women who are
fleeing violent relationships or facing ongoing abuse
from ex-spouses.
The exclusion of those who have committed serious crimes may support a number of subsidiary rationales: prevent people
fleeing from justice; prevent dangerous and particularly undeserving people
from entering the host country; preserve the integrity and legitimacy of the refugee protection
system, and, hence, the necessary public support for its viability; deter states
from exporting criminals by pardoning them or imposing disproportionately lenient sentences while supporting their departure elsewhere as refugees; allow states to reduce the danger to their society
from all serious criminality cases taken together, given the difficult task and potential for error when attempting to determine whether criminals
from abroad (on whom they have more limited sources of information than on domestic criminals) are no longer dangerous.