A federal court judge says the Safe Third Country Agreement — Canada’s asylum agreement with the United States — infringes upon the Canadian Charter of Rights and Freedoms and is giving the federal government six months to respond.
Justice Ann Marie McDonald said the agreement — which stops people from entering either Canada or the U.S. at official Canada-U.S. border crossings and asking for asylum — violates the section of the Charter guaranteeing “the right to life, liberty and security of the person”
The case was brought forward by the Canadian Council of Refugees, Amnesty International, the Canadian Council of Churches and a number of individual litigants who argued that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks — including detention and eventual deportation to countries where they could face harm.
“The applicants have provided significant evidence of the risks and challenges faced by STCA ineligible claimants when they are returned to the U.S.,” McDonald wrote.
“The evidence establishes that the conduct of Canadian officials in applying the provisions of the STCA will provoke certain, and known, reactions by U.S. officials. In my view, the risk of detention for the sake of ‘administrative’ compliance with the provisions of the STCA cannot be justified.”
‘Canada cannot turn a blind eye’
The Safe Third Country Agreement states that refugee claimants are required to request refugee protection in the first safe country they arrive in — meaning Canadian border officials would send back to the U.S. any would-be refugee claimants arriving at an official border crossing into Canada.
One of the applicants in the case, Nedira Mustefa, is a Muslim woman from Ethiopia who was detained in the U.S. after her attempt to enter Canada. She was held in solitary confinement for one week.
According to the court decision, Mustefa described her time in solitary as “a terrifying, isolating and psychologically traumatic experience.”
“Canada cannot turn a blind eye to the consequences that befell Ms. Mustefa in its efforts to adhere to the STCA,” reads the decision.
“The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”
The government — the respondents in the case — argued that while failed claimants are subject to detention in the U.S., there is a fair detention review process available. McDonald rejected that argument.
“Suggesting that those who are imprisoned will eventually be released is not sufficient evidence of minimal impairment,” she wrote.
The government also argued that striking down the agreement would lead to an increase in claims and put the overall refugee system at risk.
“However, in my view, the evidence offered by the respondents on this point is weak,” wrote the justice. “In the past, Canada has demonstrated flexibility to adjust to fluctuations in refugee numbers in response to needs.”
Blair’s office reviewing the decision
The agreement has come under intense scrutiny since U.S. President Donald Trump’s administration began tightening asylum rules.
Advocates have argued the Trump administration’s actions mean the U.S. is no longer a safe harbour for those seeking asylum.
McDonald ruled the agreement invalid but has suspended that declaration for six months to allow Parliament to respond.
A spokesperson for Public Safety Minister Bill Blair said the department is “aware of the Federal Court’s decision and [is] currently reviewing it.
“Although the Federal Court has made its ruling, that decision does not come in effect until January 22, 2021. The Safe Third Country Agreement remains in effect,” said press secretary Mary-Liz Power.
DUBAI, United Arab Emirates (AP) — New Zealand won the Women’s T20 World Cup for the first time, beating South Africa by 32 runs on Sunday after a standout performance from Amelia Kerr with bat and ball.
South Africa’s chase was held to 126-9 in 20 overs at the Dubai International Cricket Stadium in reply to New Zealand’s 158-5 in the final of the 18-day tournament.
South Africa was also seeking to become a first-time champion.
After South Africa captain Laura Wolvaardt won the toss and opted to bowl, Kerr top scored for New Zealand with a 38-ball 43. Brooke Halliday hit 38 runs in 28 deliveries and opener Suzie Bates scored 32 in 31. Nonkululeko Mlaba took 2-31 in four overs for South Africa.
South Africa made a strong start to its chase, reaching 51-1 in 6.5 overs but never really threatened afterward, reaching the halfway stage of its innings at 64-3.
Wolvaardt top scored for South Africa with a 27-ball 33.
Kerr took 3-24 in her four overs, including Wolvaardt’s wicket.
This was South Africa’s second straight final appearance in the tournament. Losing to Australia by 19 runs, it had finished runners-up in its home tournament in 2023, its best result in the tournament.
New Zealand, meanwhile, reached the tournament final for the first time since 2010. In the first two editions – 2009 and 2010 – it had lost to England by six wickets in London, and to Australia by three runs in Barbados.
SAO PAULO (AP) — Brazil’s President Luiz Inácio Lula da Silva on Sunday canceled his trip to Russia for a BRICS summit after an accident at home that left him with a cut in the neck, his office said.
The 78-year-old leader was scheduled to attend a summit of the BRICS bloc of developing economies in the city of Kazan from Tuesday to Thursday this week.
Hospital Sirio Libanês in Sao Paulo said in a statement that the leftist leader was instructed not to take long distance trips, but can keep his other activities. Doctors Roberto Kalil and Ana Heleno Germoglio said they will regularly check on Lula’s recovery.
Brazil’s presidency said in a separate statement that Lula will take part in the summit by videoconference and will continue his work in capital Brasilia this week. It did not disclose details about what caused the president’s injury.
