In an unanimous decision, the top court ruled Friday that the Safe Third Country Agreement (STCA) between Canada and the United States is constitutional, at least in part — a legal victory for the federal government as it sought to continue the practice of returning refugees who have tried to cross into this country from the U.S.
The STCA, a bilateral deal first signed in 2004, recognizes both Canada and the U.S. as “safe” countries for migrants and states that refugee claimants are required to request asylum in the first country where they arrive.
Under this agreement, refugee claimants arriving at an official land port of entry to Canada from the U.S. are deemed ineligible for refugee protection.
Refugee advocacy groups have argued in court that the policy is unconstitutional.
They said deeming the U.S. a safe country violates Section 7 of the Charter of Rights and Freedoms — which protects an individual’s right to life, liberty and security of the person — because officers indiscriminately return refugees to the U.S. without considering a claimant’s safety and the state of U.S. detention facilities.
The refugee advocacy groups told the top court in an October hearing that claimants who are returned to the U.S. are automatically detained, treated poorly and sometimes face deportation.
Justice Nicholas Kasirer, writing for the court, dismissed the appeal and the Section 7 claims, saying there are “safety valves” in the agreement that “are sufficient to ensure that no deprivations contrary to the principles of fundamental justice occur.”
However, the court signalled it may be sympathetic to refugee groups that claim the policy is a violation of Section 15 of the Charter, the section that guarantees equality under the law.
Refugee groups had argued the U.S. often denies refugee claims that cite gender-based violence as the reason for a claim.
Kasirer ordered the case back to Federal Court for a review of the policy in light of equality concerns.
The Federal Court initially agreed with the refugee groups — finding the deal unconstitutional.
The government appealed that ruling to the Federal Court of Appeal who then reversed course, allowing the deal to stand. That prompted refugee groups to take the case to Canada’s final court of appeal, which decided Friday that the existing agreement can be “tolerated.”
New Brunswick voters have elected a Liberal majority government, tossing out the incumbent Progressive Conservatives after six years in power and handing the reins to the first woman ever to lead the province. Liberal Leader Susan Holt spent much of the campaign rolling out proposed fixes for a health-care system racked by a doctor shortage, overcrowded emergency rooms and long wait-times. She promised to open 30 community health clinics across the province by 2028. (Oct. 22, 2024)
Susan Holt has made history in New Brunswick by becoming the first woman to serve as the leader of the province’s Liberal Party, a significant milestone in the province’s political landscape. Holt’s leadership victory signals a new era of representation, gender equality, and change in the region, which has long been dominated by male politicians.
Holt’s journey to the top has been one of perseverance and dedication. Before entering politics, she built a distinguished career in the private sector, where she held numerous leadership positions. Her experience in business development and public policy has equipped her with the skills needed to navigate the complex world of politics.
In a province where women have historically been underrepresented in politics, Holt’s election represents a watershed moment. Women’s involvement in leadership roles has been steadily increasing nationwide, but New Brunswick, like many parts of Canada, has seen slower progress in achieving gender parity. Holt’s rise to the top of the Liberal Party not only shatters a glass ceiling but also serves as an inspiration for future generations of women aiming for political leadership.
As the leader of the New Brunswick Liberal Party, Holt has laid out a vision of inclusivity and progress. Her policies focus on economic development, healthcare reform, environmental sustainability, and addressing social issues that have plagued the province. She has also emphasized the importance of transparent governance and creating opportunities for underrepresented communities, making her platform both modern and forward-thinking.
Holt’s leadership arrives at a time when many voters are calling for change, especially in the face of challenges like economic uncertainty and the need for healthcare improvements. She aims to bring fresh ideas to tackle these issues while ensuring that all citizens, regardless of their background, have a voice in government decisions.
Susan Holt joins the ranks of other trailblazing women across Canada who have led provincial parties and governments. Women like former Alberta Premier Rachel Notley and Ontario’s Kathleen Wynne have paved the way, and now Holt is contributing to this growing legacy of female political leadership in Canada.
Her achievement highlights not only the growing number of women entering politics but also the demand for leaders who can bring diverse perspectives to the table. In a field often dominated by entrenched traditions, Holt’s election is a step toward a more inclusive and representative political landscape in New Brunswick.
Holt’s leadership signals a broader shift in Canadian politics, where more women and diverse voices are gaining prominence. For young women across the country, her rise serves as a powerful reminder that leadership roles are within reach, even in traditionally male-dominated spheres.
With her election, Susan Holt has proven that perseverance, skill, and a vision for change can break even the toughest barriers. Her leadership will not only reshape New Brunswick’s political future but also inspire others across Canada to pursue leadership positions and continue to challenge the status quo.
NDP Leader Carla Beck has two planned campaign events today, starting the day with an availability in Moose Jaw and then later this evening attending an event in the capital with the Regina Medical Staff Association.
Saskatchewan Party Leader Scott Moe, meanwhile, will speak in Prince Albert at the start of Voting Week in the province.
Saskatchewan residents can vote for five days starting today in the lead-up to next week’s provincial election, although polls won’t be open Sunday.
The NDP and the Saskatchewan Party are urging voters to cast their ballots early.
Voters can find their polling stations on their information cards or by visiting the Elections Saskatchewan website.
Chief electoral officer Michael Boda says there are about 810,000 registered voters in Saskatchewan.
This report by The Canadian Press was first published Oct. 22, 2024.
