A Federal Court judge says the Safe Third Country Agreement — Canada’s asylum agreement with the United States — infringes upon the Canadian Charter of Rights and Freedoms and is giving Ottawa six months to respond.
A Federal Court justice says the Safe Third Country Agreement — Canada’s asylum agreement with the United States — infringes upon the Canadian Charter of Rights and Freedoms and is giving the federal government six months to respond.
Justice Ann Marie McDonald said the agreement — which stops people from entering either Canada or the U.S. at official Canada-U.S. border crossings and asking for asylum — violates the section of the Charter guaranteeing “the right to life, liberty and security of the person”
The case was brought forward by the Canadian Council for Refugees, Amnesty International, the Canadian Council of Churches and a number of individual litigants who argued that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks — including detention and eventual deportation to countries where they could face harm.
“The applicants have provided significant evidence of the risks and challenges faced by STCA ineligible claimants when they are returned to the U.S.,” McDonald wrote.
“The evidence establishes that the conduct of Canadian officials in applying the provisions of the STCA will provoke certain, and known, reactions by U.S. officials. In my view, the risk of detention for the sake of ‘administrative’ compliance with the provisions of the STCA cannot be justified.”
‘Canada cannot turn a blind eye’
The 16-year-old agreement recognizes both countries as “safe” countries for migrants and states that refugee claimants are required to request refugee protection in t