
Supreme Court to rule on constitutionality of Safe Third Country Agreement
CTV
Canada's top court will deliver the final word Friday on whether the pact between Canada and the United States to control the flow of asylum seekers violates their fundamental rights.
Canada's top court will deliver the final word Friday on whether the pact between Canada and the United States to control the flow of asylum seekers violates their fundamental rights.
The Safe Third Country Agreement, which came into effect in 2004, recognizes Canada and the U.S. as safe places for potential refugees to seek protection.
Under the agreement, refugees must seek asylum in the first of the two countries they land in, making it illegal to cross the border and seek asylum in the other country.
Opponents of the treaty asked the top court to declare that 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.
The Canadian government argued to Supreme Court justices that returnees have access to fair asylum and detention processes south of the border.
Prime Minister Justin Trudeau and U.S. President Joe Biden agreed to expand the treaty in March so that it would apply along all 8,900 kilometres of the shared border, not just at official crossings.
Before then, a loophole allowed asylum seekers who arrived between official points of entry along the land border to make claims in Canada despite having arrived in the U.S. first.