Federal court rules against the Safe Third Country agreement
November 30, 2007
Posted by Brent Patterson
As reported on the front-page of today's Globe and Mail, "a Federal Court judge ruled yesterday that Canada must reconsider a reciprocal refugee-processing agreement with the United States because Washington flouts conventions meant to safeguard immigrants against torture in their homelands."
As a result of the ruling, "the continued existence of the Safe Third Country Agreement, passed in 2004, is in question." The Safe Third Country agreement was a cornerstone of the Smart Border Declaration of 2001 and a major component of the plan to harmonize refugee and immigration policies.
The article explains that the Safe Third Country Agreement "requires refugee claimants to seek protection in the first country they reach, and has allowed Canada to automatically send refugee claimants at the border back to the United States, from where they are usually detained or deported."
In his 126-page ruling Mr. Justice Michael Phalen concluded the Canadian government has not conducted the ongoing review of the Safe Third Country Agreement mandated by Parliament "despite both the significant passage of time since the commencement of the (agreement) and the evidence as to US practices currently available."
A government spokesperson has said the agreement remains in effect as the court has given both parties (the government vs. the Canadian Council for Refugees) until January 14 to make and respond to submissions for an appeal.
This is a significant win against the deep integration agenda and we congratulate the Canadian Council on Refugees on their work.
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