Tuesday, June 30, 2026
ADVT 
National

Court strikes down Canada-U.S. refugee pact

Darpan News Desk The Canadian Press, 22 Jul, 2020 07:10 PM
  • Court strikes down Canada-U.S. refugee pact

A federal judge has struck down a key agreement on refugees between Canada and the United States, but gave Ottawa six months of breathing room to respond to the landmark decision.

In a keenly awaited ruling, Federal Court Justice Ann Marie McDonald said Wednesday that elements of the law underpinning the Safe Third Country Agreement violate the constitutional guarantee of life, liberty and security.

Under the agreement, which took effect in 2004, Canada and the U.S. recognize each other as safe places to seek protection.

It means Canada can turn back potential refugees who arrive at land ports of entry along the Canada-U.S. border on the basis they must pursue their claims in the U.S., the country where they first arrived.

Canadian refugee advocates have vigorously fought the deal, arguing the U.S. is not always a safe country for people fleeing persecution.

The judge's declaration of invalidity is suspended for six months, leaving the law in place until mid-January and giving the Trudeau government time to respond to the court ruling.

Mary-Liz Power, a spokeswoman for Public Safety Minister Bill Blair, said the government was reviewing the ruling.

Several refugee claimants took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.

In each case the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at a Canadian land entry port from the U.S. and sought refugee protection.

They argued in court that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.

In her decision, McDonald concluded that the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities.

Detention and the consequences flowing from it are "inconsistent with the spirit and objective" of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the charter, she wrote.

"The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty."

The public interest parties who took part in the case welcomed the ruling, calling on the federal government to stop sending people back to the U.S. under the agreement, and to not appeal the court decision.

"While the Federal Court has provided the government with six months leeway, it is imperative that Canada immediately end the return of claimants to the U.S.," said Alex Neve, secretary general of Amnesty International Canada.

"The Safe Third Country Agreement has been the source of grave human rights violations for many years, unequivocally confirmed in this ruling. That cannot be allowed to continue one more day."

The Federal Court "could hardly fail to be moved by the testimonies of the appalling experiences of people in the U.S. immigration detention system, after Canada closed the doors on them," said Dorota Blumczynska, president of the council for refugees.

"Their experiences show us — and convinced the court — that the U.S. cannot be considered a safe country for refugees."

MORE National ARTICLES

Jody Wilson-Raybould And Jane Philpott To Run As Independents In Fall Election Campaign

The pair made separate but co-ordinated announcements in their ridings — Wilson-Raybould in Vancouver and Philpott outside Toronto.

Jody Wilson-Raybould And Jane Philpott To Run As Independents In Fall Election Campaign

Vancouver Woman Followed Home From Bus Stop And Sexually Assaulted

Vancouver Police have released images of a man suspected in a violent sex attack that occurred Thursday in East Vancouver, and ask anyone who can identify him to call police immediately.

Vancouver Woman Followed Home From Bus Stop And Sexually Assaulted

Third Person INDERDEEP KAUR DEO Charged In 2017 Death Of Surrey Teen Kiran Dhesi

Days after the alleged killer Harjot Singh Deo's mother Manjit Kaur Deo was charged with helping her son in the aftermath of the crime, another person Inderdeep Kaur Deo, 24, has been charged with “accessory to murder after the fact” in Bhavkiran (Kiran) Dhesi's homicide.

Third Person INDERDEEP KAUR DEO Charged In 2017 Death Of Surrey Teen Kiran Dhesi

Prison Assault Allegations Reported To Police Three Months After Brought Forward

OTTAWA — The Correctional Service of Canada is apologizing for wrongly saying it called police right away when it heard allegations that a guard in a Nova Scotia institution had sexually assaulted a female inmate.

Prison Assault Allegations Reported To Police Three Months After Brought Forward

Prince Andrew Arrives In Halifax For Brief, Private Working Visit

HALIFAX — Prince Andrew, the Duke of York, arrived in Halifax on Thursday for a brief, low-key visit.    

Prince Andrew Arrives In Halifax For Brief, Private Working Visit

Some New Air Passenger Rights Land Mid-July, Others Delayed Until Christmas

Transport Minister Marc Garneau unveiled the details Friday morning, saying the rules and timelines aim to strike a balance between being fair to passengers and to air carriers.

Some New Air Passenger Rights Land Mid-July, Others Delayed Until Christmas