Canada’s Supreme Court has upheld an asylum pact between Canada and the United States.
The pact – the 2004 Safe Third Country Agreement (STCA) – designates the US as a “safe” country for migrants.
It requires refugee claimants to request asylum in the first of the two countries they reach.
Campaigners have long argued that the STCA should be struck down, saying migrants are at a risk of harm in the US.
In a unanimous decision released on Friday, the highest court ruled that the STCA does not violate part of Canada’s Charter of Rights and Freedoms, which outlines the right “to life, liberty and security of the person”.
Refugee advocates had argued that Canada’s designation of the US as a “safe” country violates its charter, saying that migrants are at risk of detention and mistreatment when Canada turns them back to the US.
But the Supreme Court disagreed.
“In my view, the record does not support the conclusion that the American detention regime is fundamentally unfair,” wrote Justice Nicholas Kasirer on behalf of the court.
Justice Kasirer added that the agreement does not violate refugees’ rights as it has “safety valves” in place, such as offering asylum seekers the option to defer their removal or get a temporary residence permit as their case is being heard.
The court, however, did not rule whether the agreement violates Section 15 of Canada’s charter, which guarantees equality for all under law, saying it is a “serious” matter that requires further consideration. (BBC)
