Opinion | Supreme Court can’t ignore equality rights claims of refugees

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Opinion | Supreme Court can’t ignore equality rights claims of refugees
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Opinion: Will the equality rights of women and gender diverse refugees be considered this time around or will they be sidelined once again?

Canadian Council for Refugees et al. will challenge the STCA, which stipulates that refugee claimants arriving in Canada by way of the U.S. are ineligible for refugee protection in Canada. Right now, Canada must return the refugees to the U.S. to have their claims decided under American law. For large numbers of women refugees, this is a problem.

Importantly, ABC claims that the STCA has a disproportionately negative impact on women, violating their constitutional right of equality. The impact of sidelining the equality argument in this case is potentially life-threatening for refugee women, gender diverse people and their children. Our equality guarantee protects against disadvantage and marginalization in a way no other right in the Charter does.

The David Asper Centre for Constitutional Rights, West Coast LEAF and Women’s Legal Education and Action Fund together will argue that failure to take up the equality concerns in this case communicates the problematic message that all refugee claimants are the same. This notion of equality is known as substantive equality. It is the standard that was adopted by the Supreme Court in its very first equality decision,, and our courts have committed to uphold it when deciding whether government action violates our equality rights.

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