The Politics of “Doing Exactly Nothing”: Feminist Legal Change and Bureaucratic Administration of Refugee Protection

Abstract

This article explore the limitations of progressive and feminist legal change through a study of the development of gender-based refugee policy in Canada. I argue that the actual impact of feminist and progressive legal change is determined in interaction with the wider bureaucratic and administrative contexts of its implementation; administrative strategies and bureaucratic procedures may, in fact, capably undermine the potentially expansive effects of progressive jurisprudence. As I will show, feminist legal interventions in Canada’s refugee policy did not increase actual access to refugee protection. Not only were these interventions delivered in a decidedly limited administrative form, they occurred simultaneously with highly innovative and coordinated bureaucratic practices that limited the access of large groups of refugee claimants to protection. Thus, while the Canadian refugee system expanded jurisprudentially, access to this system was tightly restricted through administrative and bureaucratic measures.