Â鶹´«Ã½

Canada

    • Canada 'contracts out' obligations to refugee claimants, advocates tell top court

    In this Aug. 7, 2017, file photo, Royal Canadian Mounted Police officers greet migrants as they enter into Canada at an unofficial border crossing at the end of Roxham Road in Champlain, N.Y. (AP Photo/Charles Krupa, File) In this Aug. 7, 2017, file photo, Royal Canadian Mounted Police officers greet migrants as they enter into Canada at an unofficial border crossing at the end of Roxham Road in Champlain, N.Y. (AP Photo/Charles Krupa, File)
    Share
    OTTAWA -

    Refugee and human-rights advocates are telling the Supreme Court of Canada that a binational pact "contracts out" Canada's international obligations to refugee claimants to the United States, without proper followup to ensure Washington is doing the job.

    In a written submission, opponents of the 18-year-old Safe Third Country Agreement ask the top court to declare the legislation underpinning the pact in violation of the Section 7 Charter of Rights and Freedoms guarantees of life, liberty and security of the person.

    The Supreme Court is slated to hear oral arguments today about the constitutionality of the agreement, under which Canada and the United States recognize each other as havens to seek protection.

    The pact allows Canada to turn back prospective refugees who show up at land ports of entry along the Canada-U.S. border on the basis they must pursue their claims in the U.S., the country where they first arrived.

    The Canadian government argues in its own brief to the court that returnees have access to fair asylum and detention processes south of the border. "It is not unreasonable to remove claimants to the United States so that they can claim protection in that country."

    Canadian refugee advocates have long battled the asylum agreement, contending the U.S. is not always a safe country for people fleeing persecution.

    Several refugee claimants took the case to Federal Court along with the Canadian Council for Refugees, the Canadian Council of Churches and , 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 an official Canadian entry point 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 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.

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

    However, the Federal Court of Appeal overturned the decision last year.

    "The alleged constitutional defect in this case stems from how administrators and officials are operating the legislative scheme, not the legislative scheme itself," the Appeal Court said.

    "But because the claimants chose not to attack any administrative conduct, we have neither the ability nor the evidence before us to assess it."

    The Court of Appeal also found the legislative regime consistent with the Charter unless the treatment experienced by those sent back to the U.S. could be shown to "shock the conscience."

    In their submission to the Supreme Court, the claimants and advocates say the Appeal Court "declined to engage with the substantive merits of the case" and adopted a "highly restrictive approach to Charter review."

    They argue the U.S. immigration detention system has been "widely condemned for its serious violations of international minimum standards" for holding asylum seekers.

    "This legislative scheme effectively contracts out Canada's international obligations to refugee claimants based on the premise that the U.S. will fulfil those obligations for us," the submission says.

    While Canada is required by law to ensure this premise remains valid through ongoing monitoring of U.S. asylum policies and practices, "it has failed to do so," they argue.

    On the contrary, the government says, at the time of the Federal Court hearing, Canadian review of the binational agreement was "efficient, effective, and thorough," and the information gathered did not reveal significant problems.

    This report by The Canadian Press was first published Oct. 6, 2022.

    CTVNews.ca Top Stories

    A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    Why brain aging can vary dramatically between people

    Researchers are uncovering deeper insights into how the human brain ages and what factors may be tied to healthier cognitive aging, including exercising, avoiding tobacco, speaking a second language or even playing a musical instrument.

    • Thousands of people are expected to gather in downtown Vancouver on Monday to observe the city’s 100th Remembrance Day ceremony.

    • A suspect was arrested for allegedly brandishing a knife outside a Vancouver elementary school on Friday – just as the young students were heading home for the day.

    • Toronto is expected to see an economic boost to the tune of nearly $300 million thanks to Taylor Swift’s upcoming Eras Tour, which will be making a stop in Canada’s largest city for a six-show run later this month.

    • One man was transported to hospital early Monday morning after a stabbing in the northwest end of the city, Toronto police say.

    • Calgarians will be observing Remembrance Day at a number of different ceremonies across the city, including at the Hangar Flight Museum.

    • Getting out to the mountains is even easier with a new bus route from a growing Germany-based service.

    • A home in the northeast Calgary community of Saddle Ridge was damaged in a fire on Sunday.

    • CTVNewsOttawa.ca looks at Remembrance Day ceremonies in Ottawa.

    • After months of controversy surrounding a dog park in Ottawa's west end, a solution has been reached to divide the park in half.

    • With fewer interments and rising maintenance fees, the money for Canada's largest military cemetery will run out in three to four years.

    • Montreal Metro passengers can now flag a safety concern by texting a new phone number launched by the STM.

    • The employers association at the Port of Montreal locked out nearly 1,200 longshore workers, bringing a halt to traffic at the port.

    • LIVE @ 10:45 A.M. MT

      LIVE @ 10:45 A.M. MT

      Monday is Remembrance Day, a time to honour armed forces members who have died in the line of duty.

    • WEATHER

      WEATHER

      This is shaping up to be one of the warmest Remembrance Days in the past decade, at least, for temperatures.

    • Maritimers will stop Monday to remember those who have served, and continue to serve, in Canada's armed forces for Remembrance Day.

    • A Cape Breton senior recalls her life in German-occupied France, and her mother’s death, during the Second World War.

    • Thousand of people gathered at the Menin Gate in the Ypres, Belgium for Monday’s Remembrance Day Ceremony.

    • Remembrance Day is today, and a number of ceremonies are taking place around the province to honour those who gave their lives to serve our country.

    • A pillar in Canada’s history was honoured in Winnipeg Sunday afternoon, with thousands showing up to pay tribute to the life and legacy of the late Murray Sinclair.

    • Winnipeg police have identified two men involved in a stabbing incident earlier this week.

    • There will be two ceremonies taking place in Regina for Remembrance Day, hosted by the Royal Canadian Legion.

    • Regina author Valerie Crowther is celebrating the release of her book ‘War Letters: Linking Lives in the Second World War.’

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • Saskatchewan RCMP are searching for a suspect after a man was seriously injured in a farm-related incident in Montreal Lake.

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • The Regina Rams claimed the Hardy Cup after a hard fought battle against the Saskatoon Huskies 19-14 on Saturday in the first all Saskatchewan U-Sports western conference final since 2002.

    • Emergency crews responded to the scene on Road 68/Highway 2 east of Thamesford around 7 p.m.

    • A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    • Three people were taken to hospital after a plane crashed in the Municipality of Southwest Middlesex.

    • A Barrie man is at the centre of an alleged $2.2 million stolen used car scheme.

    • Environment Canada issued a weather alert for Barrie, Collingwood and surrounding areas, alerting residents about the wicked winds that are expected to pick up to 80 kilometres per hour in the afternoon hours.

    • Barrie residents gathered on Monday to honour Canada’s veterans and pay tribute to those who served and sacrificed for the country.

    • Representatives of the Windsor Veterans Memorial Services Committee, military representatives, wreath bearers, government officials, and members of the public will attend the Cenotaph at City Hall Square for the outdoor service.

    • One person has been arrested after Chatham-Kent Police Service (CKPS) received multiple complaints about an alleged drunk driver.

    • The LaSalle Police Service is reminding to beware of scammers as one is currently circulating.

    • Environment Canada says heavy rain and winds could cause power outages on Vancouver Island as an "intense" storm system is set to hit the B.C. coast Sunday.

    • Six deer were struck by vehicles in six different locations in a six-hour period on B.C. highways on Saturday, according to the transportation ministry.

    • The union for locked-out port workers in British Columbia says the BC Maritime Employers Association cut off talks in less than an hour Saturday, refusing to budge on a final offer that the union has so far rejected.

    • The emergency department at South Okanagan General Hospital in Oliver, B.C., will be closed for 31 hours this weekend, the second such closure in a week and the third since the start of November.

    • Police in Kamloops, B.C., are reminding parents and guardians to check their children's Halloween candy after receiving a report of a mother finding a razor blade in one of her daughter's treats.

    • More than two years after Alannah Brown and Douglas Barker were found dead north of Penticton, police are asking for help identifying a vehicle they believe was associated with the crime.

    • The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year’s host for the Southern Alberta Summer Games.

    • The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.

    • There might not a lot snow just yet, but many southern Albertans are still itching to get outdoors.

    • It was just days before the COVID-19 pandemic shut the world down when the Shaft Bottom Boys of Sudbury broke a world record for 'Deepest Concert Underground.' Now, more than four years later, a Timmins band is looking to take the title.

    • Police have arrested a 15-year-old in connection with a break-in and $50,000 in damage done to the Centennial Arena in Elliot Lake in September.

    • Mayors of the five largest cities in northern Ontario met in North Bay the last two days to discuss a range of critical issues impacting their cities and the region.

    N.L.

    Local Spotlight

    For the second year in a row, the ‘Gift-a-Family’ campaign is hoping to make the holidays happier for children and families in need throughout Barrie.

    Some of the most prolific photographers behind CTV Skywatch Pics of the Day use the medium for fun, therapy, and connection.

    A young family from Codroy Valley, N.L., is happy to be on land and resting with their newborn daughter, Miley, after an overwhelming, yet exciting experience at sea.

    As Connor Nijsse prepared to remove some old drywall during his garage renovation, he feared the worst.

    A group of women in Chester, N.S., has been busy on the weekends making quilts – not for themselves, but for those in need.

    A Vancouver artist whose streetside singing led to a chance encounter with one of the world's biggest musicians is encouraging aspiring performers to try their hand at busking.

    Ten-thousand hand-knit poppies were taken from the Sanctuary Arts Centre and displayed on the fence surrounding the Dartmouth Cenotaph on Monday.

    A Vancouver man is saying goodbye to his nine-to-five and embarking on a road trip from the Canadian Arctic to Antarctica.

    Politics

    • Murray Sinclair’s family members say the late justice and senator has been laid to rest according to his wishes.

    • Prime Minister Justin Trudeau announced voters in Cloverdale—Langley City will pick their next member of Parliament on Dec. 16.

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    Sports

    Autos

    Shopping Trends

    The Shopping Trends team is independent of the journalists at Â鶹´«Ã½. We may earn a commission when you use our links to shop. Read about us.

    Stay Connected
    Follow Â鶹´«Ã½