Supreme Court of Canada upholds Safe Third Country Agreement

The Safe Third Country Agreement, which came into effect in 2004, recognizes Canada and the U.S. as safe places for potential refugees to seek protection.

The Supreme Court found the legislative scheme underpinning the pact does not breach Section 7 of the Charter of Rights and Freedoms. Opponents of the treaty asked the top court to declare that the legislation underpinning the pact violates the right to life, liberty and security of the person, saying the U.S. is not actually safe for many asylum seekers.

Before then, a loophole allowed asylum seekers who arrived between official points of entry along the land border to make claims in Canada despite having arrived in the U.S. first. The Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International also participated in the proceedings as public interest parties.

In her 2020 decision, Federal Court Justice Ann Marie McDonald concluded the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities.

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