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JUST IN: The Safe Third Country Agreement was just ruled unconstitutional, with a Federal Court judge saying the U.S. is no longer a safe country for refugees sent back from Canada due to the risk of imprisonment. https://globalnews.ca/news/7205230/federal-court-rules-canada-u-s-safe-third-country-agreement-unconstitutional/
In the decision, Justice Ann McDonald said that:
"I have concluded that the actions of Canadian authorities in enforcing the STCA result in ineligible claimants being imprisoned by US authorities ... " [cont'd]
"I have concluded that the actions of Canadian authorities in enforcing the STCA result in ineligible claimants being imprisoned by US authorities ... " [cont'd]
[cont'd from above]
"I have concluded that imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA and are a violation of the rights guaranteed by section 7 of the (Charter of Rights and Freedoms)," the decision reads.
"I have concluded that imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA and are a violation of the rights guaranteed by section 7 of the (Charter of Rights and Freedoms)," the decision reads.
This is a massive deal.
For context, the STCA is the agreement that states Canada and the U.S. recognize each other as safe countries for asylum seekers, so people seeking asylum must make their claim in the first of the two countries that they arrive in.
For context, the STCA is the agreement that states Canada and the U.S. recognize each other as safe countries for asylum seekers, so people seeking asylum must make their claim in the first of the two countries that they arrive in.
The agreement has come under fire in recent years in the context of irregular migrants arriving in the U.S. and then crossing the border into Canada at unofficial entry points to make claims asylum claims.
This all comes in the larger context of escalating anti-immigrant policies and rhetoric in the U.S.
Canadian officials warned back in 2018 that the STCA was "no longer working as intended." https://globalnews.ca/news/5055035/safe-third-country-agreement-irregular-migration-canada/
Canadian officials warned back in 2018 that the STCA was "no longer working as intended." https://globalnews.ca/news/5055035/safe-third-country-agreement-irregular-migration-canada/
Obviously this is a developing story and there are a LOT of questions about exactly what happens next. @brianhillGlobal is all over this so keep an eye on @globalnews for updates as we get more on what this means and how it will play out.
