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Safe third country agreements allow Canada to return the vast majority of asylum seekers of American origin.
The Supreme Court of Canada has upheld an agreement that allows authorities to return asylum seekers who entered the country from the United States.
The Safe Third Country Agreement (STCA) allows asylum seekers to be returned on the grounds that they must seek asylum in the first “safe” country they arrived in, in this case the United States. United.
Refugee advocates have argued in their legal challenges that the deal violates asylum seekers’ rights under the Canadian Charter of Rights and Freedoms – in particular their right to life, liberty and security of person and their right to equal treatment.
They say those returned to the United States face poor detention conditions and are likely to be repatriated or forcibly transferred to their home countries.
In a unanimous decision released on Friday, Judge Nicholas Kasirer agreed that returning to the United States risked violating several rights. He cited “the risks of being detained after being returned there and certain aspects of the conditions of detention” as well as the risks of forced repatriation.
However, he cited legislative “safety valves,” including “humanitarian and compassionate discretionary waivers or public policies,” that were, at least in theory, designed to protect those rights.
However, he noted “it is possible that, in practice, administrative decision makers do not always interpret or use legislative safety valves correctly,” according to a summary of court decisions.
The Supreme Court finds that the rules designating the United States as a safe third country do not violate the claimant’s right to liberty and security of that person. Read our simple language summary here: https://t.co/nv0jyJsy3u pic.twitter.com/hWtO41SQjC
— Supreme Court of Canada (@SCC_eng) June 16, 2023
Naqib Sarwary, an officer with Amnesty International Canada, called the verdict “absolutely heartbreaking”.
He said the ruling upheld “an inhuman agreement to defend the ETPS and encourage asylum seekers to return to the United States and lead them down dangerous routes while seeking safety in Canada.”
The agreement between the United States and Canada first entered into force in 2004, but only applies to legal crossings.
This year, US President Joe Biden and Canadian Prime Minister Justin Trudeau announced an amended deal that will apply across the border.
The move comes as Trudeau faces political pressure to fight an increase in irregular crossings, primarily in eastern Quebec.
The Royal Canadian Mounted Police intercepted more than 39,500 asylum seekers who crossed the border irregularly into Canada in 2022.
Advocates argue the new deal will force asylum seekers to take a more dangerous route to Canada.
“It’s very dangerous,” Frantz Andre, spokesperson and coordinator for the Non-Status Action Committee, a Montreal-based support group for asylum seekers, told Drberita in March.
“I have no doubts. People have come too far to turn back. They know the United States is not a safe country,” André said.
Canada’s federal government has upheld the agreement, saying the treatment of asylum seekers in the United States does not violate their rights and that there are adequate protections.
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