OTTAWA — Refugee and human-rights advocates are telling the Supreme Court of Canada that a binational pact 'contracts out' Canada's international obligati
OTTAWA — Refugee and human-rights advocates are telling the Supreme Court of Canada that a binational pact “contracts out” Canada’s international obligations to refugee claimants to the United States, without proper followup to ensure Washington is doing the job.
The pact allows Canada to turn back prospective refugees who show up 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. Several refugee claimants took the case to Federal 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 her 2020 decision, Federal Court Justice Ann Marie McDonald concluded the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities. “But because the claimants chose not to attack any administrative conduct, we have neither the ability nor the evidence before us to assess it.”
They argue the U.S. immigration detention system has been “widely condemned for its serious violations of international minimum standards” for holding asylum seekers.
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