A Canadian court on Wednesday ruled invalid a bilateral pact that compels asylum seekers trying to enter Canada via the American border to first seek sanctuary in the United States, saying U.S. immigration detention violates their human rights.
FILE PHOTO: The Canada Border Inspection Station is pictured from the U.S. side of the boundary in Blaine, Washington, U.S. March 23, 2020. REUTERS/Jason Redmond/File Photo
Federal Court Judge Ann Marie McDonald ruled that the agreement was in violation of a section of Canada’s Charter of Rights that says laws or state actions that interfere with life, liberty and security must conform to the principles of fundamental justice. “We are aware of the Federal Court’s decision and are currently reviewing it,” said Mary-Liz Power, a spokeswoman for Public Safety Minister Bill Blair, who oversees Canada’s border agency. “The Safe Third Country Agreement remains in effect.”
“Canada cannot turn a blind eye to the consequences that befell Ms. Mustefa in its efforts to adhere to the STCA. The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty,” the judge wrote in her decision. Canada has sought to stem the tide of asylum seekers who flowed into the country starting in 2016, after Trump promised to crack down on illegal immigration.Canada has closed its border with the United States to non-essential travel because of the coronavirus pandemic.
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