Canada’s top judges cast doubt over claims it’s unsafe to return refugees to the U.S.

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Canada’s top judges cast doubt over claims it’s unsafe to return refugees to the U.S.
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Judges on Canada’s top court voiced skepticism the U.S. is not a safe country where Canada should stop sending border-crossing refugee claimants.

OTTAWA—Supreme Court of Canada judges expressed deep skepticism of claims the U.S. is not a safe country where Canada should stop sending border-crossing refugee claimants.

But the political fallout of effectively upending the deal and declaring the U.S. an unsafe destination for returning refugee claimants was clearly on the judges’ minds. “I’d say there’s a very serious risk of being detained if you’re illegally in the United States in exactly a parallel way that there’s a risk of being detained if you’re illegally in Canada. Sure. I mean, on what basis are you in this country? And you know, it’s clear they’ve entered on an illegal basis, their presence is not in accordance with law. What would you expect?”

And he expressed astonishment the Federal Court found “safety valves” in the law that protect refugee rights are practically out of reach and “illusory.” Andrew Brouwer, lawyer for the refugee advocates, said even though some refugee claimants might not be detained, the risk of detention in what the groups argue are inhumane conditions in U.S. detention centres, without proper access to counsel, along with virtually no way in Canada to challenge a border agent’s order to immediately leave, is a violation of the refugees’ rights under Sec. 7 of the Canadian charter to fundamental justice.

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