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.
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. The Supreme Court’s decision will finally put to rest the long-standing legal battle first launched by several refugee claimants in Federal Court in 2007.
In her 2020 decision, Federal Court Justice Ann Marie McDonald concluded 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.
Source: Law Daily Report (lawdailyreport.net)
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