Court sends question of whether pact with U.S. on asylum seekers violates right to equality back to Federal Court
The Supreme Court of Canada has put off a final decision on the constitutionality of the Safe Third Country Agreement by which refugee claimants may be turned back if they came through the United States.
The question will be whether a restrictive interpretation of gender-based persecution in the U.S. refugee determination system means Canada would be in violation of the Charter of Rights if it turns certain claimants back to the U.S. They argued Canada is prohibited under international law from directly or indirectly removing refugees to a territory where they run a risk of serious human rights violations.
The agreement contains provisions for a continual review of those protections. Thousands of migrants were returned to the U.S. between 2014 and 2018, federal lawyer Marianne Zoric told the Supreme Court during a hearing last October.
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