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Liberals appealing ruling striking down Canada-U.S. asylum agreement – CBC.ca

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The Liberal government is appealing last month’s Federal Court decision that ruled the Safe Third Country Agreement — Canada’s asylum agreement with the United States — infringes upon the Canadian Charter of Rights and Freedoms.

In a decision released July 22, 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.”

McDonald suspended her invalid ruling for six months to allow Parliament to respond.

Public Safety Minister Bill Blair said in a statement Friday the government filed an appeal today because they believe there are factual and legal errors in some of the court’s key findings.

“There are important legal principles to be determined in this case, and it is the responsibility of the government of Canada to appeal to ensure clarity on the legal framework governing asylum law,” reads the statement.

“Canada has a long and proud tradition of providing protection to those who need it most by offering refuge to the world’s most vulnerable people, and the government of Canada remains firmly committed to upholding a compassionate, fair and orderly refugee protection system. The STCA remains a comprehensive vehicle to help accomplish that, based on the principle that people should claim asylum in the first safe country in which they arrive.”

The 16-year-old agreement, which remains in effect, recognizes both countries as “safe” countries for migrants and states that refugee claimants are required to request refugee protection in the first 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.

The Canadian Council for Refugees, Amnesty International, the Canadian Council of Churches and a number of individual litigants brought the original case forward and 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.

Conservative MP and immigration critic Peter Kent immediately issued a statement supporting the appeal.

“While we are pleased the government has decided to appeal this ruling, Canadians’ confidence in the immigration system has been rocked by years of Justin Trudeau’s failure to address these concerns, and his failure to restore integrity and compassion to the immigration process,” he said in a statement. 

But the NDP’s critic Jenny Kwan called the move the a “heartless and shameful act.”

“By appealing this ruling, the federal Liberals are saying they’d rather let people seeking the safety of asylum here in Canada suffer under Donald Trump’s rules, than stand up for human rights and Canadian values,” she wrote in a statement Friday afternoon.

“It’s un-Canadian.”

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Rustad seeks review as Elections BC says box of 861 votes went uncounted

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British Columbia’s election agency says it has discovered that a ballot box containing 861 votes wasn’t counted in the recent provincial election, as well as other mistakes, including 14 votes going unreported in a crucial riding narrowly won by the NDP.

The errors prompted B.C. Conservative Leader John Rustad to call for an independent review on Monday.

Elections BC said in a statement that the omission of the ballot box did not affect the result in Prince George-Mackenzie, the electoral district where the box was found.

It said the unreported votes in Surrey-Guildford were discovered last week during preparations for a judicial recount in the riding, where Garry Begg’s 27-vote victory propelled the New Democrats to a one-seat majority government.

Rustad called the errors “an unprecedented failure by the very institution responsible for ensuring the fairness and accuracy of our elections.”

“While I am not disputing the final outcome pending remaining judicial recounts, it’s clear that mistakes like these severely undermine public trust in our electoral process,” he said.

B.C.’s chief electoral officer, Anton Boegman, said in the statement that the discovery of the “anomaly” in the Surrey-Guildford count triggered a provincewide review.

“Our elections rely on the work of over 17,000 election officials from communities across the province. Unfortunately, unintentional human errors do occur in administering the vote,” he said.

The review, which started last Wednesday and ended Sunday, identified what the statement described as “data entry omissions” that resulted in mistakes impacting “a small number of votes” in 69 of the province’s 93 ridings.

It said the omissions “comprise only 0.05 per cent of total votes in those districts.”

The mistake resulted in 14 votes for Surrey-Guildford not being counted, it said.

The recounts in the province’s Supreme Court for that riding and Kelowna Centre are scheduled to take place on Nov. 7 and Nov. 8.

In British Columbia, voters can cast a ballot for their riding at polling stations across the province.

The statement said election officials in six ridings erred by not reporting out-of-district results that had been recorded on 11 tabulator tapes.

The statement said the number of unreported votes in each district did not affect the outcome in any of them, pending judicial recounts in the two ridings that had been triggered by their narrow margins.

Boegman said the errors were disclosed to the judges and parties involved in the recounts and added that election officials “were continuing our review to ensure that any additional omissions were identified.”

The statement said a recount of the ballot box in Prince George-Mackenzie, a riding easily won by B.C. Conservative Kiel Giddens, had been requested.

It did not explain how the ballot box was missed on the election day count.

Elections BC did not immediately respond to a request for more details.

Pending the judicial recounts, Premier David Eby’s NDP have 47 seats in the legislature, the slimmest possible margin to form a majority government in British Columbia.

This report by The Canadian Press was first published Nov. 4, 2024.

The Canadian Press. All rights reserved.



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‘Beam of light that cut through injustice’: Tributes for TRC chair Murray Sinclair

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WINNIPEG – Murray Sinclair, a former judge, senator and chair of the Truth and Reconciliation Commission into residential schools, died Monday in Winnipeg. He was 73.

Here are some notable tributes to his life and work:

“The Honourable Murray Sinclair dedicated his life to repairing Canada’s relationship with Indigenous Peoples. As the Chief Commissioner of the Truth and Reconciliation Commission, he challenged us to confront the darkest parts of our history — because he believed we could learn from them, and be better for it.” — Prime Minister Justin Trudeau

“The Honourable Murray Sinclair always walked into dark places with a flashlight so that we can safely follow. A beam of light that cut through injustice and shows the way to hope.” — Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada

“Murray Sinclair’s journey in advocacy broke barriers and inspired countless individuals to pursue reform and justice with courage and determination.” — The Assembly of Manitoba Chiefs

“As a country, we owe him an unpayable debt for his work as a judge, senator and chair of the Truth and Reconciliation Commission, helping lead Canada toward genuine and lasting reconciliation with Indigenous Peoples.” — Ontario Premier Doug Ford

“We are deeply saddened by the loss of a friend and prominent leader in Canada who championed human rights, justice and truth.” — Gov. Gen. Mary Simon

“The penultimate moment of his career was his work as chair of the Truth and Reconciliation Commission of Canada. He approached a process that could have been divisive and instead transformed it into Calls to Action for the future of our country, helping all Canadians to learn to walk together into a future of respect and understanding where we live up to the phrase residential school survivors taught us — Every Child Matters.” — Manitoba Premier Wab Kinew

“He was always known as an exceptional listener who treated everyone with dignity and respect. We know that stories of his kindness, generosity and fairness will circulate for generations to come.” — Sinclair family statement

“Murray Sinclair brought to light the hard truths of the residential school system, based on survivors’ stories, and showed Canadians the realities we must confront to achieve real reconciliation. Winnipeg and all of Canada owe him a debt of gratitude for guiding us toward these truths and starting this important work.” — Winnipeg Mayor Scott Gillingham

“Murray was a Canadian hero and friend to many who helped to forge a path of respect and honouring of Indigenous stories, and we are all better because of his work.” — Winnipeg member of Parliament Leah Gazan

“His work as the chair of the Truth and Reconciliation Commission was groundbreaking and brought Canada’s shameful colonial history into the forefront of the nation. His work was critical to charting the path to healing for many survivors and their families.” — Assembly of First Nations National Chief Cindy Woodhouse Nepinak

This report by The Canadian Press was first published Nov. 4, 2024.

The Canadian Press. All rights reserved.



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Quebec police watchdog investigates shooting that left 1 dead, 1 injured in Far North

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SALLUIT, Que. – Quebec’s police watchdog is investigating after one person was killed and another injured in a shooting involving police in the northern territory of Nunavik.

The watchdog, known as the BEI, says the altercation with police took place early Monday morning in Salluit, a remote village in the Far North.

The watchdog says that according to preliminary information one person was killed and another suffered serious injuries.

Five investigators will be dispatched soon to investigate further and meet with witnesses.

Quebec provincial police will carry out a parallel criminal investigation.

Salluit is an Inuit fly-in village of just over 1,400 people, about 1,850 kilometres north of Montreal.

This report by The Canadian Press was first published Nov. 4, 2024.

The Canadian Press. All rights reserved.



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