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A rchive Date
[ 22-07-2020 ]
Category
[ International Relations ]
sub-Categoy
[ Canada ]
      [https://www.cbc.ca/news/politics/safe-third-country-agreement-court-1.5658785

      Canada's asylum agreement with the U.S. infringes on Charter, says federal court
      Catharine Tunney · CBC News · Posted: Jul 22, 2020 12:35 PM ET

      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 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 of Refugees, Amnesty International, the Canadian Council of Churches 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 their eventual return 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."

      The Safe Third Country Agreement says refugee claimants are required to request refugee protection in the first safe country they arrive in - meaning Canadian border officials would send back to the U.S. any would-be refugee claimants arriving at an official border crossing into Canada.The agreement has come under intense scrutiny since U.S. President Donald Trump's administration began tightening asylum rules.

      Advocates have argued the Trump administration's actions mean the U.S. is no longer a safe harbour for those seeking asylum.

      McDonald said to allow time for Parliament to respond, she is suspending her declaration of invalidity for a period of six months.

      ©2020 CBC/Radio-Canada. All rights reserved


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