Advertisement

Safe Third Country Agreement on returning asylum seekers to U.S. ruled constitutional

Click to play video: 'Biden signs executive orders to undo child separation, other Trump immigration policies'
Biden signs executive orders to undo child separation, other Trump immigration policies
U.S. President Joe Biden on Tuesday signed three executive orders on immigration, including to undo the policy enacted under the Trump administration of separating children and parents at the U.S. border. Biden called the policy a “stain” on America’s reputation – Feb 2, 2021

The Federal Court of Appeal has found that a pact between Ottawa and Washington to turn back asylum-seekers entering Canada from the United States does not violate the Charter of Rights and Freedoms.

The court allowed the federal government’s appeal that argued the Federal Court misinterpreted the law when it declared in July that the Safe Third Country Agreement breaches constitutional guarantees of life, liberty and security.

READ MORE: Canada back in court to defend Safe Third Country Agreement

The Canadian Council for Refugees, Amnesty International and the Canadian Council of Churches, among others who argued against the agreement in court, can seek leave to appeal today’s ruling to the Supreme Court of Canada.

Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day.

Get daily National news

Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day.
By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy.

Under the bilateral agreement, which took effect in 2004, Canada and the United States recognize each other as safe places to seek protection.

Story continues below advertisement

READ MORE: Safe Third Country Agreement ruled unconstitutional — here’s what could happen next

It means Canada can turn back people seeking asylum who arrive at land ports of entry along the Canada-U.S. border on the basis they must pursue their claims in the United States, the country where they first arrived.

Canadian refugee advocates have vigorously fought the asylum agreement, arguing the United States is not always a safe country for people fleeing persecution.

Click to play video: 'Asylum agreement between U.S. and Canada challenged in federal court'
Asylum agreement between U.S. and Canada challenged in federal court

Sponsored content

AdChoices