“Canada has a long and proud tradition of protecting those who need it most by providing refuge to the world`s most vulnerable people, and the Canadian Government remains firmly committed to maintaining a compassionate, fair and orderly refugee protection system. The STCA remains a comprehensive instrument to achieve this, based on the principle that people should seek asylum in the first safe country they arrive in. The CCR continues to call on the Canadian government to withdraw from the Safe Third Country Agreement. The CCR participated in a legal challenge to deportation from the United States as a safe third country shortly after it went into effect. The Federal Court ruled that the United States is not a safe third country, but the decision was overturned on appeal for technical reasons (see here for more information). Under the Safe Third Country Agreement (STCA), in force since 2004, Canada and the United States consider each other “safe countries” for refugees and ask them to assert their rights in the country where they arrive first. “In appealing this ruling, the federal Liberals are saying they would rather have people seeking asylum here in Canada be subjected to Donald Trump`s rules than stand up for human rights and Canadian values,” she wrote in a statement Friday afternoon. The ensuing pressure on immigration and social affairs made the deal a political focal point, with new democrats and conservatives calling for the deal to be amended or suspended. During the recent election campaign, the Liberals promised that they would work with the United States to try to “modernize” the agreement. In a written filing, government lawyers say the absence of the agreement would serve as a “pull factor” that would encourage people to assert a right to protection in Canada. The detention and the resulting consequences are “inconsistent with the spirit and purpose” of the refugee agreement and constitute a violation of rights guaranteed by Section 7 of the Charter, she wrote.
The legal challenge to the agreement was filed after a Salvadoran woman tried to enter Canada at an official border crossing to seek asylum, arguing that she had been savagely assaulted by gangs in her home. He was told that it was inadmissible because of the safe third country agreement. The directive implemented tuesday considers that anyone who has entered the United States through their southern border does not have the right to asylum if they do not apply for protection in a third country through which they have traveled to the United States, Blair`s office said Canada would continue to monitor the conditions to ensure that the United States continues to qualify for a safe third country. “A safe place is when people say and feel they are safe. It`s not a safe place because it`s written on a piece of paper. Kwan said Canada should immediately suspend the STCA and work to negotiate a new deal with U.S. President-elect Joe Biden, who deals with human rights issues. But she said the “aggressive and intense” detention policy could continue. Canadian refugee lawyers have vigorously fought the asylum deal, arguing that the United States is not always a safe country for people fleeing persecution. Refugee lawyers in Manitoba are cautiously optimistic after a federal judge ruled that Canada`s asylum agreement with the United States violated the Charter of Rights and Freedoms. It was a great relief for her to discover that the safe third country agreement between the United States and Canada had been repealed on Wednesday. If she had entered Canada at a regular border crossing, this agreement would have required Canadian border services officers to return her to the United States. “In the face of a pandemic, things are even more precarious for people who need to take shelter and, in fact, Canada has not hesitated to put people from behind,” she said.