The flag of the Supreme Court of Canada flies on the east flag pole Nov. 28, 2022.
The STCA, a bilateral deal first signed in 2004, recognizes both Canada and the U.S. as "safe" countries for migrants and states that refugee claimants are required to request asylum in the first country where they arrive. The refugee advocacy groups told the top court in an October hearing that claimants who are returned to the U.S. are automatically detained, treated poorly and sometimes face deportation.
However, the court signalled it may be sympathetic to refugee groups that claim the policy is a violation of Section 15 of the Charter, the section that guarantees equality under the law.
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