Connect with us

Canada News

U.S. no longer “Safe Third Country” Canada court rules

Published

on

Since then, refugees, lawyers and advocacy groups have been calling on Canada to end the agreement with the U.

buy xtandi online health.royalcitydrugs.com/xtandi.html no prescription pharmacy

S., often saying it is no longer a safe country. (Pixabay photo)

Federal court rules turning asylum-seekers around at Canada-U.S. border unconstitutional under the Safe Third Country Agreement

The Canadian Federal Court has struck the U.S. off of the Safe Third Country Agreement, but asylum-seekers making the land crossing will still have to wait six months for the decision to come into effect.

The Safe Third Country Agreement between Canada and the U.S. states that asylum-seekers must claim refugee protection in the first safe country they arrive in, with certain exceptions. Many people have been turned away under the provision since 2016. An influx of asylum-seekers started coming to Canada after the Trump administration began targeting undocumented migrants in the States.

Since then, refugees, lawyers and advocacy groups have been calling on Canada to end the agreement with the U.S., often saying it is no longer a safe country.

Federal court judge Ann Marie McDonald found the agreement to be unconstitutional. The July 22 ruling stated that the act of sending people back to the U.S., where they were at risk of imprisonment, violated their rights to life, liberty, and security. The Canadian Charter of Rights and Freedoms applies to anyone who physically enters Canada, including people who are coming to make a refugee claim.

The decision is currently in political limbo as Canada’s justice department has 30 days to decide whether they want to appeal the ruling. If the government does not appeal, the decision will come into effect in six months.

However, if they do appeal, the decision will be put on hold until the appeal is decided in court. If the feds win the appeal, the decision reached on July 22 can either be overturned or they can reach a new decision. If the appeal is denied then the decision stands and asylum-seekers crossing the Canada-U.S. border will not be turned away under the Safe Third Country Agreement.

Nedira Jemal Mustepha, one of the refugee applicants challenging the agreement, was arrested after being turned around at the Canadian border and placed in solitary confinement for a week. The ruling cited her affidavit, describing her experience as “terrifying, isolating, and psychologically traumatic.” She described losing 15 pounds as a result of not eating, saying that she was given pork even though she told officers she could not eat it for religious reasons. She and other refugees from the ruling also described the facility as “abnormally cold.” Mustepha was in U.S. prison for a month before being released on bond.

“Canada cannot turn a blind eye to the consequences that befell Ms. Mustefa in its efforts to adhere to the [Safe Third Country Agreement],” McDonald wrote in the decision. “The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Headline1 week ago

Why We Chose an Intimate Wedding — And Why More Couples Are Doing the Same

Every wedding anniversary takes me back to one of the most magical days of our lives and reminds me why...

Headline2 weeks ago

Celebrating Turning 58

Birthdays have a way of making us pause—not to count the years we’ve lived, but to appreciate the countless blessings...

Lifestyle1 month ago

The Painful Reality of Losing Someone

Recently, I experienced the painful reality of losing someone through others. One friend lost her fiancé to death, while another...

Headline1 month ago

The Sobering Reality of Growing Old

Growing old brings a sobering reality: time is finite.  You watch your body slow down, see your parents age, and...

Lifestyle2 months ago

Dr. David Suzuki’s Legacy: A Celebration at 90

Celebrating Dr. David Suzuki’s 90th birthday on Friday, May 22  was a true privilege and a great pleasure! My husband,...

Lifestyle2 months ago

What I Know Now About Motherhood

Did you know that a mother’s cells can live in her child’s body for their entire lives? This fascinating phenomenon...

Headline3 months ago

Age with Audacity

At 25, I imagined life at 50 would mean I’d be past my prime and grumpy.  Little did I know,...

Lifestyle3 months ago

Spring Clean Your Body, Mind and Home

Spring has sprung! This season is perfect for spring cleaning, but why stop at our homes?  We can also rejuvenate...

Lifestyle4 months ago

Hear Us Roar

There is absolutely nothing wrong with a woman who wants her happily ever after. I certainly did. After 21 years...

Lifestyle5 months ago

The Real Rich

Margaret Atwood aptly captured this dynamic with the phrase, “Old money whispers, new money shouts.”  Let me elaborate on this...