A Canadian court on Wednesday dismissed the country’s asylum agreement with the United States, saying the pact violated constitutional guarantees of life, liberty and security.
“I conclude that the provisions promulgating the (safe third country agreement) violate the guarantees in section 7 of the Charter,” wrote Federal Court Judge Ann Marie McDonald in her decision, noting the Canadian Charter of Rights and Freedom in the Canadian Constitution. “I have also concluded that the violation is not justified under section 1 of the Charter.”
McDonald delayed the implementation of his decision for six months, saying he wanted to give the Canadian Parliament time to respond.
Under the Canada-US agreement, Asylum seekers in Canada who present themselves at the US land ports of entry are returned to the US However, if immigrants appear in Anywhere other than an official crossing, they are allowed to seek Asylum in Canada.
A lawsuit filed by Amnesty International, the Canadian Council for Refugees and the Canadian Council of Churches was first filed last year, alleging that the Canadian government could not guarantee the safety of asylum seekers if they are returned to the United States. , citing the Trump administration’s arrest of asylum seekers whom Canada rejects and the separation of parents and children.
The groups applauded the court’s decision, urging the Canadian government to stop “immediately” sending asylum seekers to the United States.
“The Court could not help but be moved by the testimonies of the terrible experiences of people in the immigration detention system of the United States, after Canada closed the doors to them. Their experiences show us, and they convinced the Court, that the United States cannot be considered a safe country for refugees, “said the president of the Canadian Council for Refugees, Dorota Blumczynska.
“While the Federal Court has given the government six months ‘leeway, it is imperative that Canada immediately end the claimants’ return to the United States,” added Alex Neve, Secretary General of Amnesty International Canada. “The Secure Third Country Agreement has been the source of serious human rights violations for many years, unequivocally confirmed in this ruling.”
The Canadian government said it was aware of the decision and that the asylum pact remains in effect.
“Although the Federal Court has issued its ruling, that decision will not take effect until January 22, 2021,” said Mary-Liz Power, spokesperson for Canada’s Minister of Public Security, Bill Blair, in a statement to The Associated Press. . “The Secure Third Country Agreement is still in effect.”
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