OTTAWA —
Ottawa is appealing a court ruling that struck down a key agreement on refugees between Canada and the United States, Public Safety Minister Bill Blair said Friday.
The Federal Court of Canada ruled last month that elements of the law underpinning the pact violate the constitutional guarantee of life, liberty and security.
The declaration of invalidity was suspended for six months, leaving the law in place until mid-January.
Under the Safe Third Country Agreement, which took effect in 2004, Canada and the U.S. recognize each other as safe places to seek protection.
It means Canada can turn back potential refugees who arrive at land ports of entry along the Canada-U.S. border on the basis they must pursue their claims in the U.S., the country where they first arrived.
In a statement, Blair said Friday there are factual and legal errors in some of the Federal 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.”
Canadian refugee advocates have firmly opposed the deal, arguing the U.S. is not always a safe country for people fleeing persecution.
Several refugee claimants took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.
In each case the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at a Canadian land entry port from the U.S. and sought refugee protection.
They argued in court that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.
In her decision, Federal Court Justice Ann Marie McDonald concluded that the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities.
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.
“The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”
The public interest parties who took part in the case immediately called on the federal government to stop sending people back to the U.S. under the agreement, and to not appeal the court decision.
In his statement, Blair said the agreement with the U.S. “remains a comprehensive vehicle” to uphold a compassionate, fair and orderly refugee protection system, based on the principle that people should claim asylum in the first safe country in which they arrive.
Canada “continues to engage actively” with Washington on the refugee pact, ensuring the agreement reflects Canada’s commitment to its international obligations, “while continuously co-operating on how we manage our shared border,” he added.
This report by The Canadian Press was first published Aug. 21, 2020.
NEW GLASGOW, N.S. – Police in New Glasgow, N.S., say a 44-year-old woman faces fraud charges after funds went missing from the Pictou East Progressive Conservative Association.
New Glasgow Regional Police began the investigation on Oct. 7, after Nova Scotia Premier Tim Houston reported that an undisclosed amount of money had gone missing from his riding association’s account.
Police allege that a volunteer who was acting as treasurer had withdrawn funds from the association’s account between 2016 and 2024.
The force says it arrested Tara Amanda Cohoon at her Pictou County, N.S., residence on Oct. 11.
They say investigators seized mobile electronic devices, bank records and cash during a search of the home.
Cohoon has since been released and is to appear in Pictou provincial court on Dec. 2 to face charges of forgery, uttering a forged document, theft over $5,000 and fraud over $5,000.
Police say their investigation remains ongoing.
Houston revealed the investigation to reporters on Oct. 9, saying he felt an “incredible level of betrayal” over the matter.
The premier also said a volunteer he had known for many years had been dismissed from the association and the party.
This report by The Canadian Press was first published Oct. 23, 2024.
PICTOU, N.S. – A Nova Scotia excavation company has been fined $80,000 after a worker died when scaffolding collapsed on one of its job sites.
In a decision released Wednesday, a Nova Scotia provincial court judge in Pictou, N.S., found the failure by Blaine MacLane Excavation Ltd. to ensure scaffolding was properly installed led to the 2020 death of Jeff MacDonald, a self-employed electrician.
The sentence was delivered after the excavation company was earlier found guilty of an infraction under the province’s Occupational Health and Safety Act.
Judge Bryna Hatt said in her decision she found the company “failed in its duty” to ensure that pins essential to the scaffolding’s stability were present at the work site.
Her decision said MacDonald was near the top of the structure when it collapsed on Dec. 9, 2020, though the exact height is unknown.
The judge said that though the excavation company did not own the scaffolding present on its job site, there was no evidence the company took steps to prevent injury, which is required under legislation.
MacDonald’s widow testified during the trial that she found her husband’s body at the job site after he didn’t pick up their children as planned and she couldn’t get in touch with him over the phone.
Julie MacDonald described in her testimony how she knew her husband had died upon finding him due to her nursing training, and that she waited alone in the dark for emergency responders to arrive after calling for help.
“My words cannot express how tragic this accident was for her, the children, and their extended family,” Hatt wrote in the sentencing decision.
“No financial penalty will undo the damage and harm that has been done, or adequately represent the loss of Mr. MacDonald to his family, friends, and our community.”
In addition to the $80,000 fine, the New Glasgow-based company must also pay a victim-fine surcharge of $12,000 and provide $8,000 worth of community service to non-profits in Pictou County.
This report by The Canadian Press was first published Oct. 23, 2024.
ST. JOHN’S, N.L. – Investigators found the remains of a 77-year-old American man on Wednesday at the scene of a fire that destroyed a hotel in western Newfoundland on the weekend.
Eugene Earl Spoon, a guest at the hotel, was visiting Newfoundland from Kansas. His remains were found Wednesday morning during a search of the debris left behind after the fire tore through the Driftwood Inn in Deer Lake, N.L., on Saturday, the RCMP said in a news release.
“RCMP (Newfoundland and Labrador) extends condolences to the family and friends of the missing man,” the news release said.
Spoon was last seen Friday evening in the community of about 4,800 people in western Newfoundland. The fire broke out early Saturday morning, the day Spoon was reported missing.
Several crews from the area fought the flames for about 16 hours before the final hot spot was put out, and police said Wednesday that investigators are still going through the debris.
Meanwhile, the provincial Progressive Conservative Opposition reiterated its call for a wider review of what happened.
“Serious questions have been raised about the fire, and the people deserve answers,” Tony Wakeham, the party’s leader, said in a news release Wednesday. “A thorough investigation must be conducted to determine the cause and prevent such tragedies in the future.”
The party has said it spoke to people who escaped the burning hotel, and they said alarm and sprinkler systems did not seem to have been activated during the fire. However, Stephen Rowsell, the Deer Lake fire chief, has said there were alarms going off when crews first arrived.
This report by The Canadian Press was first published Oct. 23, 2024.
