Kadenko v. Canada ( Solicitor General )
IMM-809-94
Tremblay-Lamer J.
9/6/95
10 pp.
Judicial review of Refugee Division decision finding applicants Convention refugees-Applicants Ukrainian Christians now citizens of Israel-Death threats made against them by religious fanatics because of origin and religion, and in one incident applicant shot in elbow-Applicant's son harassed and attacked at school for wearing a Christian cross around neck; problems continued when son moved to another school-Applicant's wife sexually harassed and assaulted when went looking for work-Police twice refused to investigate incidents-Refugee Division's decision concluded applicants had been subject of isolated acts of discrimination not amounting to persecution-Incidents of harassment and physical attacks repeated over period of 18 months not isolated acts-Applicants' fear of being persecuted justified only if no State protection-Consequences of lack of action by police to justify applicants' reluctance to seek protection from State and to encourage recurrence of incidents-Judge rejected respondent's argument in situations where police refused to do their duty individual should go to higher tribunal or approach different organization, such as Human Rights Commission-Every victim of criminal offence in country where governmental system has not broken down entitled to go to police and to expect investigation-Greater burden must not be placed on individuals in Israel than on individuals in other democratic countries-Application allowed.