Supreme Court of Canada upholds Safe Third Country Agreement
Posted June 16, 2023 10:02 am.
Last Updated June 17, 2023 8:00 am.
Canada’s highest court has deemed the pact between Canada and the United States to control the flow of asylum seekers across the shared border to be constitutional.
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, and if their claim is rejected by one then they will not be successful if they try again on the other side of the border.
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 Supreme Court found the legislative scheme underpinning the pact does not breach Section 7 of the Charter of Rights and Freedoms.
The top court has asked the Federal Court to take a further look at the opponents’ argument that the agreement violates of Section 15 of the Charter over allegations of unequal treatment for women in the U.S. who are fleeing domestic violence.
