The flag flies in front of the Supreme Court of Canada in Ottawa, on June 17, 2021. The federal government is telling the Supreme Court of Canada there is no need to review a decision that affirmed the constitutionality of a pact between Ottawa and Washington on asylum seekers.The federal government is telling the Supreme Court of Canada there is no reason to review a decision that affirmed the constitutionality of a pact between Ottawa and Washington on asylum seekers.
Under the agreement, Canada and the United States recognize each other as safe places to seek protection. Several refugee claimants took the case to Federal Court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.
Detention and the consequences flowing from it are “inconsistent with the spirit and objective” of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the charter, she wrote. In their application to the Supreme Court, the claimants and their advocates say the effect of the decision is to insulate the Safe Third Country regime from constitutional review “and to erect major obstacles to constitutional scrutiny of federal legislation generally.”
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