OTTAWA — Refugee and human\u002Drights advocates are telling the Supreme Court of Canada that a binational pact “contracts out” Canada’s international obligations…
In a written submission, opponents of the 18-year-old Safe Third Country Agreement ask the top court to declare the legislation underpinning the pact in violation of the Section 7 Charter of Rights and Freedoms guarantees of life, liberty and security of the person.Sign up to receive daily headline news from Ottawa Citizen, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
Canadian refugee advocates have long battled the asylum agreement, contending the U.S. is not always a safe country for people fleeing persecution. They argued in court that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.Article content
“The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”“The alleged constitutional defect in this case stems from how administrators and officials are operating the legislative scheme, not the legislative scheme itself,” the Appeal Court said.Article content
In their submission to the Supreme Court, the claimants and advocates say the Appeal Court “declined to engage with the substantive merits of the case” and adopted a “highly restrictive approach to Charter review.”
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