Great dec by Fed Ct today on how the Safe Third Country Agreement violates s 7 rights of #refugee claimants. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/482757/index.do Thread on findings #cdnimm #law 1/10

S 7 rts of liberty & security of person violated b/c ref claimants deemed ineligible to make ref claim at land ports of entry via STCA returned to US where they were immediately imprisoned. Ct fd imprisoned "solely for having attempted to make a #refugee claim in Canada" 2/10

Ct fd CBSA officials involved in the physical handing over of #refugee claimants to US officials when foundd ineligible to make a ref claim in Canada. 3/10

Ct fd that there was a "sharing of responsibility" in STCA which meant Canada had to be assured there was guarantee of access to a fair #refugee determination process. Remember no assessment of ref claims have been made & no consideration of risks of refoulement or return. 4/10

Evidence applicants in Charter challenge were detained immediately upon returning to the US and some were put in solitary confinement, detained in poor conditions (little food, opp to bathe, little-no access to med care, no access to lawyer) with uncertainty as to length 5/10

Ct fd the STCA regime is different from other immigration #law processes of removal b/c the merits of the #refugee claim or risks have not been assessed. Can't just say there are safeguards when at heart, no consideration of risks done before sending to US. 6/10

Canada tried to argue that the purpose of the STCA was to stem or control number of claims Canada can review. Ct said this does not adequately justify the violation of Charter rights to one's liberty or security of the person. 7/10

Personally, I also think that the policy reason re STCA to decrease number of claims has shown to be false given the number of people crossing our border outside the ports of entry so that they can access the loophole in the STCA to be eligible for a #refugee claim. 8/10

Amazing job of lawyers building record with evidence from #refugee claimants, US refugee #law experts, and lawyers in US working on cases attesting to conditions. 9/10

Govt has 6 mos to respond. I would not be surprised to see this decision appealed. See list of certified questions. Govt should do the humanitarian thing and suspend the STCA or if they choose to appeal, suspend in the interim until all legal processes have been exhausted. 10/10

Also for the #admin #law nerds, the ct, after referring to #Vavilov, used the correctness standard.