The agreement will remain in force for another six months to give Parliament time to respond.
Context: Under the existing agreement, Canada may return migrants seeking asylum to the US if they attempt to enter the country at a land port of entry. Does not apply if arriving from the US by air or by sea, or by land between formal ports of entry. The number of these “irregular” immigrants has increased during President Donald Trump’s tenure, particularly in Quebec.
Human rights groups and a coalition of refugees questioned the deal last year, shortly after the Liberals won a minority victory at the polls. The party’s campaign platform promised that the next government would work to “modernize” the Safe Third Country Agreement with the United States, without providing much detail.
Key results: The court declined to comment on the asylum system in the United States, instead focusing on what happens when the settlement sends an asylum seeker to US judge Ann Marie McDonald wrote in the opinion that the Canadian government does not is “immunized” The consequences of the risk of detention for these refugees.
“Canada cannot turn a blind eye to the consequences … in its efforts to adhere to the [agreement]”, said.” The evidence clearly shows that those returned to the United States by Canadian officials are detained as a penalty. “
Whats Next: The Trudeau government has until January 22 to determine how to proceed. Somehow you will have to review your agreement with the United States during an election year in which immigration is a hot topic or appeal the decision.
Until then, the Safe Third Country Agreement remains in effect.
“We are aware of the Federal Court’s decision and are currently reviewing it,” said Mary-Liz Power, spokesperson for the Minister of Public Security, Bill Blair.
The organizations that sued Ottawa over the deal asked the government to immediately abide by the spirit of the ruling and to refuse to appeal it.
“The Safe Third Country Agreement has been the source of serious human rights violations for many years, unequivocally confirmed in this ruling,” said Alex Neve, secretary general of Amnesty International Canada. “It cannot be allowed to continue for another day; and it is even more worrying now given the prevalence of COVID-19 in immigration detention in the United States.”
