An agreement obliging Canada to return asylum-seekers to the U.S. is being called unconstitutional.

An agreement obliging Canada to return asylum-seekers to the U.S. is being called unconstitutional.
Photo Credit: Ryan Remiorz/The Canadian Press

Canada-U.S. refugee agreement to be challenged in court

An asylum-seeker from El Salvador and advocacy groups will go to court to argue that Canada’s agreement with the U.S.on refugees violates her rights under the Canadian Charter of Rights and Freedoms. This Safe Third Country Agreement assumes that Canada and the U.S. are safe places where people can seek asylum and so, people must apply for refugee status in the first of the two countries in which they arrive.

In practical terms, it means that an asylum-seeker coming from the United States to Canada at a land border crossing is turned back and obliged to seek refugee status in the U.S.

Listen

‘E’ fears deportation by U.S.

“This is a problem for ‘E’ because the United States is generally not welcoming of refugees from the Americas, El Salvador,” says Gloria Nafziger, a refugee coordinator with Amnesty International Canada.

“She’s very much concerned that she could be removed from the United States and deported back to El Salvador without having had a fair hearing of her claim…She has been subject to a decade of violence (there). She has been targeted by gangs… subject to death threats, extortion. She and her family have a very real risk of, fear of being returned to El Salvador.”

In early 2017, refugees braved cold and snow to come into Canada at remote locations to avoid being returned to the U.S.
In early 2017, refugees braved cold and snow to come into Canada at remote locations to avoid being returned to the U.S. © Christinne Muschi/Reuters/file

Refugees have constitutional rights in Canada

A court ruled in 1985 that refugees at the Canadian border are guaranteed charter rights as is anyone inside the country. So, in this case, lawyers will argue that the Safe Third Country Agreement violates “E’s” charter right to life, liberty and security of person.

If she wins the case, refugee claimants coming from the United States into Canada at a land border crossing could no longer be turned back. The court challenge is backed by the Canadian Council of Churches, Amnesty International Canada and the Canadian Council for Refugees.

The last two groups have released a 52-page brief outlining the many ways they say the U.S. fails to meet international and Canadian legal standards in its handling of refugee claims.

Tagged with: , , , , ,
Posted in Immigration & Refuge, International

Do you want to report an error or a typo? Click here!

@*@ Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

 characters available

Note: By submitting your comments, you acknowledge that Radio Canada International has the right to reproduce, broadcast and publicize those comments or any part thereof in any manner whatsoever. Radio Canada International does not endorse any of the views posted. Your comments will be pre-moderated and published if they meet netiquette guidelines.

Netiquette »

When you express your personal opinion in an online forum, you must be as courteous as if you were speaking with someone face-to-face. Insults and personal attacks will not be tolerated. To disagree with an opinion, an idea or an event is one thing, but to show disrespect for other people is quite another. Great minds don’t always think alike—and that’s precisely what makes online dialogue so interesting and valuable.

Netiquette is the set of rules of conduct governing how you should behave when communicating via the Internet. Before you post a message to a blog or forum, it’s important to read and understand these rules. Otherwise, you may be banned from posting.

  1. RCInet.ca’s online forums are not anonymous. Users must register, and give their full name and place of residence, which are displayed alongside each of their comments. RCInet.ca reserves the right not to publish comments if there is any doubt as to the identity of their author.
  2. Assuming the identity of another person with intent to mislead or cause harm is a serious infraction that may result in the offender being banned.
  3. RCInet.ca’s online forums are open to everyone, without regard to age, ethnic origin, religion, gender or sexual orientation.
  4. Comments that are defamatory, hateful, racist, xenophobic, sexist, or that disparage an ethnic origin, religious affiliation or age group will not be published.
  5. In online speak, writing in ALL CAPS is considered yelling, and may be interpreted as aggressive behaviour, which is unpleasant for the people reading. Any message containing one or more words in all caps (except for initialisms and acronyms) will be rejected, as will any message containing one or more words in bold, italic or underlined characters.
  6. Use of vulgar, obscene or objectionable language is prohibited. Forums are public places and your comments could offend some users. People who use inappropriate language will be banned.
  7. Mutual respect is essential among users. Insulting, threatening or harassing another user is prohibited. You can express your disagreement with an idea without attacking anyone.
  8. Exchanging arguments and opposing views is a key component of healthy debate, but it should not turn into a dialogue or private discussion between two users who address each other without regard for the other participants. Messages of this type will not be posted.
  9. Radio Canada International publishes contents in five languages. The language used in the forums has to be the same as the contents we publish. The usage of other languages, with the exception of some words, is forbidden. Messages that are off-topic will not be published.
  10. Making repetitive posts disrupts the flow of discussions and will not be tolerated.
  11. Adding images or any other type of file to comments is forbidden. Including hyperlinks to other websites is allowed, as long as they comply with netiquette. Radio Canada International  is in no way responsible for the content of such sites, however.
  12. Copying and pasting text written by someone else, even if you credit the author, is unacceptable if that text makes up the majority of your comment.
  13. Posting any type of advertising or call to action, in any form, to Radio Canada International  forums is prohibited.
  14. All comments and other types of content are moderated before publication. Radio Canada International  reserves the right to refuse any comment for publication.
  15. Radio Canada International  reserves the right to close a forum at any time, without notice.
  16. Radio Canada International  reserves the right to amend this code of conduct (netiquette) at any time, without notice.
  17. By participating in its online forums, you allow Radio Canada International to publish your comments on the web for an indefinite time. This also implies that these messages will be indexed by Internet search engines.
  18. Radio Canada International has no obligation to remove your messages from the web if one day you request it. We invite you to carefully consider your comments and the consequences of their posting.

*