• Latest
  • Trending
  • All
  • News
  • Lifestyle
Canada's asylum agreement with the U.S. infringes on Charter, says Federal Court thumbnail

Canada’s asylum agreement with the U.S. infringes on Charter, says Federal Court

July 30, 2020
Republicans Fear Abortion Ruling Will 'Bail the Dems Out' in 2024, Midterms thumbnail

Republicans Fear Abortion Ruling Will ‘Bail the Dems Out’ in 2024, Midterms

June 26, 2022
Google memo on end of Roe v. Wade says employees may apply to relocate 'without justification' thumbnail

Google memo on end of Roe v. Wade says employees may apply to relocate ‘without justification’

June 26, 2022
Report: Stashed 2020 Boston Celtics draft prospect Yam Madar to skip Las Vegas Summer League thumbnail

Report: Stashed 2020 Boston Celtics draft prospect Yam Madar to skip Las Vegas Summer League

June 25, 2022
Why the US Army wants an ‘aerial tier network’ for better communications thumbnail

Why the US Army wants an ‘aerial tier network’ for better communications

June 25, 2022
Early Liver Disease Detection Linked to Subsequent Lifestyle Improvements thumbnail

Early Liver Disease Detection Linked to Subsequent Lifestyle Improvements

June 25, 2022
Jupiter scientists need your help hunting for storms in stunning photos thumbnail

Jupiter scientists need your help hunting for storms in stunning photos

June 25, 2022
Ex-Trump aides say six House Republicans sought pardons after Jan. 6 thumbnail

Ex-Trump aides say six House Republicans sought pardons after Jan. 6

June 24, 2022
Oil CEOs come to Washington as Biden looks to shift blame for gas prices thumbnail

Oil CEOs come to Washington as Biden looks to shift blame for gas prices

June 24, 2022
Why Biden can't bring gas prices down thumbnail

Why Biden can’t bring gas prices down

June 24, 2022
Proposed insulin price cap poses test for Dems thumbnail

Proposed insulin price cap poses test for Dems

June 24, 2022
Senators release bill targeting insulin prices thumbnail

Senators release bill targeting insulin prices

June 23, 2022
The US Economy Is Headed for a Hard Landing thumbnail

The US Economy Is Headed for a Hard Landing

June 23, 2022
  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • Donate
Sunday, June 26, 2022
66 °f
Wellfleet
58 ° Tue
63 ° Wed
68 ° Thu
61 ° Fri
  • Login
  • Register
FREE Cape Cod News
DONATE
  • FREE Cape Cod News
  • News
    • News
    • Cape Cod News
    • Massachusetts
    • Breaking News
    • Cape Cod Weather
    • Storm Watch
    • Environment
  • Politics
    • democrats
    • republicans
  • Business
    • business
    • cryptocurrency
    • economy
    • money
    • Real Estate
    • Tech
  • World
  • Entertainment
  • Lifestyle
  • Photos
    • Orleans
    • Eastham
    • Wellfleet
    • Truro
    • Provincetown
    • Brewster
    • Chatham
  • Videos
No Result
View All Result
Free Cape Cod News
No Result
View All Result
  • FREE Cape Cod News
  • News
  • Politics
  • Business
  • World
  • Entertainment
  • Lifestyle
  • Photos
  • Videos
Home U.S.

Canada’s asylum agreement with the U.S. infringes on Charter, says Federal Court

FREE Cape Cod News by FREE Cape Cod News
July 30, 2020
in U.S.
Reading Time: 4 mins read
Donate
0
Canada's asylum agreement with the U.S. infringes on Charter, says Federal Court thumbnail
633
SHARES
1.4k
VIEWS
Share on TwitterShare on Facebook

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.

Early Sunday morning, February 26, 2017, migrants from Somalia cross into Canada from the United States. A federal court judge has ruled the Safe Third Country Agreement invalid. (John Woods/The Canadian Press)

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 the first 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.

One of the applicants in the case, Nedira Mustefa, is a Muslim woman from Ethiopia who was detained in the U.S. after her attempt to enter Canada. She was held in solitary confinement for one week.

According to the court decision, Mustefa described her time in solitary as “a terrifying, isolating and psychologically traumatic experience.”  

“Ms. Mustefa, who is Muslim, believes that she was fed pork, despite telling the guards she could not consume it for religious reasons,” reads the document. “Mustefa describes skipping meals because she was unable to access appropriate food, and losing nearly 15 pounds.”

Mustefa told the court she “felt scared, alone and confused at all times” and that she “did not know when [she] would be released, if at all.”

In her decision, McDonald said she found the evidence clearly demonstrates that those returned to the U.S. by Canadian officials are “detained as a penalty.”

“Canada cannot turn a blind eye to the consequences that befell Ms. Mustefa in its efforts to adhere to the STCA,” she wrote.

The government — the respondents in the case — argued that while failed claimants are subject to detention in the U.S., there is a fair detention review process available. McDonald rejected that argument.

“Suggesting that those who are imprisoned will eventually be released is not sufficient evidence of minimal impairment,” she wrote.

The government also argued that striking down the agreement would lead to an increase in claims and put the overall refugee system at risk.

“However, in my view, the evidence offered by the respondents on this point is weak,” wrote the justice. “In the past, Canada has demonstrated flexibility to adjust to fluctuations in refugee numbers in response to needs.”

Blair’s office reviewing the decision

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 ruled the agreement invalid but has suspended that declaration for six months to allow Parliament to respond.

A spokesperson for Public Safety Minister Bill Blair said the department is “aware of the Federal Court’s decision and [is] currently reviewing it.

“Although the Federal Court has made its ruling, that decision does not come in effect until January 22, 2021. The Safe Third Country Agreement remains in effect,” said press secretary Mary-Liz Power.

WATCH | Sending asylum seekers back to U.S. a human rights violation, federal court rules:

A federal court has ruled that the Safe Third Country Agreement violates asylum-seekers’ rights because the U.S. is no longer considered safe for refugees. 1:49

The three groups which brought the case are asking the government to stop returning refugee claimants to the U.S. in the meantime. 

“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 for Amnesty International Canada, in a joint statement.

“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, and is of even greater concern now given the prevalence of COVID-19 in immigration detention in the United States.”

Conservative MP Peter Kent, the party’s critic for citizenship and immigration, is calling on the government to appeal the decision. The NDP’s immigration critic, Jenny Kwan, wants the Liberals to do no such thing.

“We hope the Liberals will accept this important decision and not appeal it since too many people have already lost their rights,” she wrote in a media statement.

“The Liberal government must now give notice to the U.S. immediately and withdraw from the Safe Third Country Agreement to stop being complicit in forcing asylum seekers to return to persecution, torture and even death.”

Read More

FREE Digital Newspaper Subscription!
Sign up for your free digital subscription. The FREE Cape Cod News

Unsubscribe
FREE Cape Cod News

FREE Cape Cod News

Free Cape Cod News is what's happening in the Cape Cod, U.S and World & what people are talking about right now. Local newspaper. Stay in the know. Subscribe to get notified about our latest news.

Related Posts

Why the US Army wants an ‘aerial tier network’ for better communications thumbnail
News

Why the US Army wants an ‘aerial tier network’ for better communications

by FREE Cape Cod News
June 25, 2022
3 travelers injured in San Francisco airport stabbing thumbnail
News

3 travelers injured in San Francisco airport stabbing

by FREE Cape Cod News
June 19, 2022
What Ireland’s Past Can Tell Us About A Post-Roe America thumbnail
U.S.

What Ireland’s Past Can Tell Us About A Post-Roe America

by FREE Cape Cod News
June 9, 2022
The Navy’s testing its new robot ship division in the Pacific this summer thumbnail
News

The Navy’s testing its new robot ship division in the Pacific this summer

by FREE Cape Cod News
May 28, 2022
Load More
Please login to join discussion

Follow Us on Twitter

FREE Cape Cod News - Your source for local Cape Cod news, latest breaking U.S. and World news. Every day, all day. Subscribe for your favorite categories.

  • Trending
  • Comments
  • Latest
Ex-Trump aides say six House Republicans sought pardons after Jan. 6 thumbnail

Ex-Trump aides say six House Republicans sought pardons after Jan. 6

June 24, 2022
Ranked: The Top Ten Best Beaches in The Cape Cod. FREE Cape Cod News.

Top 10 Cape Cod Beaches ( with PHOTOS )

August 21, 2020

BREAKING NEWS: Governor Baker has signed an order activating up to 1000 of the Massachusetts National Guard

August 29, 2020
Republicans Fear Abortion Ruling Will 'Bail the Dems Out' in 2024, Midterms thumbnail

Republicans Fear Abortion Ruling Will ‘Bail the Dems Out’ in 2024, Midterms

June 26, 2022
Google memo on end of Roe v. Wade says employees may apply to relocate 'without justification' thumbnail

Google memo on end of Roe v. Wade says employees may apply to relocate ‘without justification’

June 26, 2022
Report: Stashed 2020 Boston Celtics draft prospect Yam Madar to skip Las Vegas Summer League thumbnail

Report: Stashed 2020 Boston Celtics draft prospect Yam Madar to skip Las Vegas Summer League

June 25, 2022
Support Local News, Make a Donation Support Local News, Make a Donation Support Local News, Make a Donation

FREE Cape Cod News On Twitter

Today’s News

  • Republicans Fear Abortion Ruling Will ‘Bail the Dems Out’ in 2024, Midterms June 26, 2022
  • Google memo on end of Roe v. Wade says employees may apply to relocate ‘without justification’ June 25, 2022
  • Report: Stashed 2020 Boston Celtics draft prospect Yam Madar to skip Las Vegas Summer League June 25, 2022
  • Why the US Army wants an ‘aerial tier network’ for better communications June 24, 2022
  • Early Liver Disease Detection Linked to Subsequent Lifestyle Improvements June 24, 2022
FREE Cape Cod News

Copyright © 2022 Free Cape Cod News

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • Donate

Follow Us

No Result
View All Result
  • FREE Cape Cod News
  • News
    • News
    • Cape Cod News
    • Massachusetts
    • Breaking News
    • Cape Cod Weather
    • Storm Watch
    • Environment
  • Politics
    • democrats
    • republicans
  • Business
    • business
    • cryptocurrency
    • economy
    • money
    • Real Estate
    • Tech
  • World
  • Entertainment
  • Lifestyle
  • Photos
    • Orleans
    • Eastham
    • Wellfleet
    • Truro
    • Provincetown
    • Brewster
    • Chatham
  • Videos
  • Login
  • Sign Up

Copyright © 2022 Free Cape Cod News

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist