U.S. border officers at the Peace Arch crossing arrested two men on California warrants this week. (File photo)

U.S. border officers at the Peace Arch crossing arrested two men on California warrants this week. (File photo)

Ottawa predicts system delays, backlogs unless court extends life of refugee pact

Canada and the United States recognize each other as safe places to seek protection

The Trudeau government says there will be upheaval at the Canada-U. S. border early next year if a refugee pact between the two countries is allowed to expire.

Federal lawyers are asking the Federal Court of Appeal to stay a July ruling that struck down the Safe Third Country Agreement but left it in effect until mid-January.

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

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

Ottawa is appealing the Federal Court ruling that nixed the agreement, and will argue in a hearing this morning that the Appeal Court should pause the decision until the full challenge is resolved.

Refugee claimants and their advocates say the federal application for a stay must be rejected, given that a judge found the bilateral agreement violates the Charter of Rights and Freedoms.

In a submission to the Court of Appeal, federal lawyers say the absence of the agreement would serve as “a pull factor” attracting people to make a claim for protection in Canada.

“This will impact all types of port of entry operations and result in significant delays for persons making refugee claims at the land port of entry,” the government submission states.

Suspension of the agreement could also “create negative ripple effects and backlogs” in the overall immigration and refugee system, the government argues.

“This could undermine the ability of Canada’s refugee protection system to determine claims and offer protection in a timely manner to those who have not had the benefit of accessing an asylum process in another safe country.”

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

Several refugee claimants took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.

In each case the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at a Canadian land entry port from the U.S. and sought refugee protection.

They argued in court that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.

In her 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.

“The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty.”

In their submission to the Court of Appeal, the refugees and their advocates say the government has failed to show that it would suffer irreparable harm if the agreement expires in January.

They contend the government’s assertion that the Canadian refugee system would be overwhelmed is based on speculation and ignores the reality that all travel, and therefore refugee claim numbers, are dramatically down because of the COVID-19 pandemic.

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

federal government

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The public will start to weigh in next month on the possible future uses of Oak Bay Lodge. In the meantime, a request to the province by the City of Victoria to intervene and allow use of at least a portion of the closed facility as temporary shelter space awaits an answer. (Black Press Media file photo)
Oak Bay Lodge redevelopment planning continues, request for temporary use awaits answer

Public consultation on future of CRD-owned site begins next month

Volunteer Anette Akouri is part of a vital service that connects clients to help them be less vulernable. (Saanich Volunteer Services Society)
Saanich volunteers up the friendship calls, grocery deliveries during pandemic

Saanich Volunteer Services Society helping vulnerable residents stay happy, healthy

Wild Wise Sooke is pushing to get local waste management companies to hop on board to provide bear-resistant bins as an option for residents. On Nov. 23, Sooke council voted to write a letter of support for Wild Wise to send to companies such as GFL Environmental Inc. and Sooke Disposal Ltd. (Black Press Media file photo)
Wild Wise Sooke continues push for bear-resistant bins as option for residents

Bins could cost anywhere from $150 to $300 or more, according to 2019 study

Goldstream Gazette is holding the first annual Local Hero Awards ceremony on the West Shore on June 18. Deadline for nominations is on May 2. (Arnold Lim/News Staff)
Nominate your West Shore hero today!

Submit your application to one of 12 different categories before Jan. 4

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

(AP Photo/Paula Bronstein)
POLL: Has COVID-19 changed your plans for the holidays?

The lights are going up, the stacks of presents under the tree… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Dec. 1

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Watch Messiah at home with the Sooke Philharmonic

Concert available to stream Dec. 12

Emergency crews used a backhoe loader to clear fire debris from the scene of a fire on Wesley Street Thursday as police and firefighters gathered up propane tanks, stoves and fireplaces used by camp residents to heat tents. (Chris Bush/News Bulletin)
City of Nanaimo dismantles downtown homeless encampment after fire

Four to six tents burned up in Wesley Street fire Thursday, Dec. 3

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

BC Ambulance Services reassures people that the service is well staffed and ready to respond. Photo by Don Bodger
BC Ambulance assures the Island community they’re ‘fully staffed’

‘Paramedics are not limited to a geographical area.’ — BCEHS

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

Most Read