Groups ask Federal Court to strike down Safe Third Country deal with U.S.

But now they’re asking the Federal Court to step in, arguing that sending claimants back to the U.S. is morally and legally wrong because it risks violating their basic rights.

The federal Liberals have said they believe the deal does not need to be suspended or altered, as the asylum system in the United States is still functioning.

The litigant in the case is described as a Salvadoran woman who fled after being targeted by a gang and who believes she won’t be protected in the U.S.

It’s not the first time the deal has been tested in court.

A legal challenge was mounted after it came into force in 2004, and while the Federal Court at the time agreed the U.S. may not be safe for all refugees, the decision was overturned on appeal.

“Our organizations have pressed repeatedly, expecting that Canada would move to suspend the Safe Third Country Agreement as regard for the rights of refugees has rapidly plummeted under the Trump Administration,” said Alex Neve, secretary general of Amnesty International Canada in a statement.

“To our astonishment and disappointment, however, the Canadian government continues to maintain that the US asylum system qualifies as safe. We are left with no choice but to turn to the courts to protect refugee rights.”

Despite the deal, there are people showing up at the land border and getting through based on the exemptions that exist, including having family already in Canada.

Data obtained under the Access to Information Act showed that over a six-day period in March, 123 people showed up at legal entry points along the border and requested asylum; 66 were judged eligible and 57 turned away.

But Canada needs to go further, Rev. Karen Hamilton, general secretary of The Canadian Council of Churches, said in a statement.

“The government of Canada has a responsibility to ensure that the human dignity of all persons is respected. So it is imperative that all who seek refuge in Canada are afforded the protections guaranteed to them under the Canadian Charter of Rights and Freedoms and international human rights treaties.”

A spokesperson for Immigration Minister Ahmed Hussen said the government’s position on the agreement has not changed, and the deal remains in force.

Stephanie Levitz, The Canadian Press

by Canadian Press

Groups ask Federal Court to strike down Safe Third Country deal with U.S.

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