Supreme Court of Canada upholds Safe Third Country Agreement
OTTAWA — A pact with the United States to control the flow of asylum seekers across the shared border is constitutional, Canada's highest court ruled in a unanimous decision Friday.
Opponents of the treaty had asked the top court to declare the legislation underpinning the pact violates the right to life, liberty and security of the person, saying the U.S. is not actually safe for many asylum seekers. "In my view, the record does not support the conclusion that the American detention regime is fundamentally unfair," said the ruling written by Justice Nicholas Kasirer.
Before then, a loophole allowed asylum seekers who arrived between official points of entry along the land border, such as the one at Roxham Road in Quebec, to make claims in Canada, and have them processed, despite having arrived in the U.S. first. The first challenge was successful, but was later overturned. A repeated attempt by the same group of organizations that began in 2017 saw the same outcome.
Detention and the consequences flowing from it are"inconsistent with the spirit and objective" of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the Charter, she wrote.
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