Â鶹´«Ã½

Politics

    • Supreme Court of Canada upholds Safe Third Country Agreement

    Share
    OTTAWA -

    A pact with the United States to control the flow of asylum seekers across the shared border is constitutional, Canada's highest court ruled in a unanimous decision Friday.

    The Safe Third Country Agreement, which came into effect in 2004, recognizes Canada and the U.S. as safe places for potential refugees to seek protection.

    Under the agreement, refugees must seek asylum in the first of the two countries they land in. If their claim is rejected by one then they will not be successful if they try again on the other side of the border.

    Opponents of the treaty had asked the top court to declare the legislation underpinning the pact violates Section 7 of the Charter of Rights and Freedoms, the right to life, liberty and security of the person, saying the U.S. is not actually safe for many asylum seekers.

    They also argued refugees' right to equality under Section 15 of the Charter is violated because of allegations of unequal treatment for women in the U.S. who are fleeing domestic and gender-based violence.

    The Supreme Court found the legislative scheme underpinning the pact does not breach Section 7 of the Charter.

    "A degree of difference as between the legal schemes applicable in the two countries can be tolerated, so long as the American system is not fundamentally unfair," the judgment read, which aligned with what the federal government had argued before the court.

    "In my view, the record does not support the conclusion that the American detention regime is fundamentally unfair," said the ruling written by Justice Nicholas Kasirer.

    The top court has asked the Federal Court to take a further look at the opponents' argument that the agreement violates Section 15 of the Charter

    Lower courts did not offer a ruling on the equality argument, and Kasirer said in the ruling that the Supreme Court wasn't in the position to do so either.

    "Given the profound seriousness of the matter, the size and complexity of the record and the conflict affidavit evidence, it would be neither 'in the interest of justice' nor 'feasible on a practical level' for this court to take up the task of finder of fact,"Kasirer said in the ruling.

    Prime Minister Justin Trudeau and U.S. President Joe Biden agreed to expand the treaty in March so that it would apply along all 8,900 kilometres of the shared border, not just at official crossings.

    Before then, a loophole allowed asylum seekers who arrived between official points of entry along the land border, such as the one at Roxham Road in Quebec, to make claims in Canada and have them processed, despite having arrived in the U.S. first.

    Asylum seekers and human rights organizations viewed the loophole as a lifeline for vulnerable people, but the large number of new arrivals put financial pressure on local governments and the province, which were obliged to provide housing and other supports for them.

    The Supreme Court's decision comes at the end of a legal battle first launched by several refugee claimants in Federal Court in 2007.

    The Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International also participated in the proceedings as public interest parties.

    The first challenge was successful, but was later overturned. A repeated attempt by the same group of organizations that began in 2017 saw the same outcome.

    In both cases, 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.

    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."

    The Federal Court of Appeal overturned her decision in 2021.

    Last year, Canada received 20,891 refugee claims from people who crossed the border outside of an official border crossing, federal data show.

    In the first three months of 2023, before the agreement was extended to apply to the entire border, Canada received 14,192 refugee claims from irregular border crossers.

    The Supreme Court heard arguments in the case before Trudeau and Biden announced this year's expansion.

    Amnesty International has said the updated agreement creates an even more dangerous and unfair situation for people seeking asylum in Canada.

    This report by The Canadian Press was first published June 16, 2023.

    IN DEPTH

    Opinion

    opinion

    opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster

    A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?

    opinion

    opinion Don Martin: How a beer break may have doomed the carbon tax hike

    When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.

    CTVNews.ca Top Stories

    Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.

    Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'

    The body of a British Columbia mountain climber has been located and recovered after the 39-year-old man was reported missing during a solo climb on Washington state's Mount Baker earlier this week.

    Canada

    • Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'

    • The body of a British Columbia mountain climber has been located and recovered after the 39-year-old man was reported missing during a solo climb on Washington state's Mount Baker earlier this week.

    • A Saskatchewan man living in the United States has pleaded guilty to possessing child pornography after he unknowingly provided disturbing videos to an FBI agent he thought was a pedophile.

    • Melissa Duff-Shore, a Cambridge, Ont. woman who killed her daughter in 2020, has been ordered to a forensic hospital in St. Thomas.

    • Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.

    • A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.

    World

    Politics

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    • A five-seat sushi counter located inside another restaurant is the latest Vancouver eatery to receive a Michelin star.

    • What does New Westminster's tÉ™mÉ™sewÌ“txÊ· Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.

    Sports

    Autos

    • A Pickering, Ont., student going to college to be a mechanic is shocked the engine in his two-year-old car will not be repaired under warranty after the dealership claimed he had been 'over-revving' the engine.

    • A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.

    Local Spotlight

    Chantal Kreviazuk is set to return to Winnipeg to mark a major milestone in her illustrious musical career.

    From the beaches of Cannes to the bustling streets of New York City, a new film by a trio of Manitoba directors has toured the international film festival circuit to much pomp and circumstance.

    A husband and wife have been on the road trip of a lifetime and have decided to stop in Saskatchewan for the winter.

    The grave of a previously unknown Canadian soldier has been identified as a man from Hayfield, Man. who fought in the First World War.

    A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.

    Moving into the second week of October, the eastern half of Canada can expect some brisker fall air to break down from the north

    What does New Westminster's təməsew̓txʷ Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.

    The last living member of the legendary Vancouver Asahi baseball team, Kaye Kaminishi, died on Saturday, Sept. 28, surrounded by family. He was 102 years old.

    New data from Greater Vancouver and the Fraser Valley shows a surge in supply and drop in demand in the region's historically hot real estate market.

    • Chayton Point loved to dance. Just ask his mom.

    • As the provincial election campaign reaches the halfway mark, the party leaders made pitches to voters on bread-and-butter issues: housing, child care and jobs.

    • Vancouver police have deployed extra resources in anticipation of multiple protests planned for Oct. 7.

    • Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'

    • According to the Bank of Canada, close to half of all Canadians with a credit card carry a balance each month and those who do, experience more financial stress than those who pay off their credit card each month.

    • Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.

    • Three Calgary businesses have been ordered to shut down after inspectors discovered evidence of uninspected meat.

    • A pedestrian is in critical condition after being struck by a vehicle in southeast Calgary on Friday night.

    • Alberta Health Services (AHS) says it is taking immediate action to expedite care for patients who had referrals to community health-care providers delayed.

    • NEW THIS MORNING

      NEW THIS MORNING

      New data shows the automated speed enforcement camera on King Edward Avenue, between Bolton Street and St. Patrick Street, issued 6,337 speeding tickets in August, the highest number of tickets issued by Ottawa's 40 photo radar cameras.

    • The owner of a Gatineau, Que. café says it's 'silly' that Quebec's language watchdog is telling the business to write its Instagram posts in French.

    • Gas prices in Ottawa are set to rise this weekend after a slight uptick overnight.

    • At least two people are dead and others are injured after a fire ripped through a century-old building in Old Montreal early Friday morning, sources told Noovo Info.

    • The owner of a Gatineau, Que. café says it's 'silly' that Quebec's language watchdog is telling the business to write its Instagram posts in French.

    • A 28-year-old female driver was seriously injured in a three-vehicle collision Friday afternoon in Saint-Rémi, Montérégie, reports the Sûreté du Québec (SQ).

    • A 79-year-old woman is dead after the vehicle she was driving crashed into an east Edmonton building late Friday afternoon.

    • A letter from Edmonton's mayor to the Alberta government detailing the city's fiscal wishlist ahead of next year's budget calls for fair treatment for the capital city, something several city councillors say isn't already happening.

    • A new docu-series that reveals what life is like for National Hockey League players on and off the ice during the playoffs is now out.

    • A teen charged with the murder of another teen on Prince Edward Island last year has pleaded guilty to a lesser charge of manslaughter.

    • The federal Fisheries Department says it is concerned about a "pattern" of violence and threats toward its enforcement officers after two tense incidents off southwestern Nova Scotia last month.

    • According to the Canadian Women & Sport's 2022 Rally Report, 76 per cent of girls who participate in sports believe it helps build confidence and enhances their mental health. While those benefits are important for all children, the organization's CEO says, right now, girls have less access.

    • It’s 1998. Google was just born, and dial-up was the primary way to connect to the Internet. New sites were being developed daily on any number of topics, from recipes to shopping. David Yanciw, however, was thinking big - big things, that is.

    • Brady Oliveira and the Winnipeg Blue Bombers continue to roll along. Oliveira ran for a season-high 147 yards and a touchdown to power Winnipeg past the Hamilton Tiger-Cats 31-10 on Friday night.

    • A new report from Doctors Manitoba is calling for major changes to the way sick notes are issued in Manitoba, saying they are a waste of time for doctors and employers.

    • A Saskatchewan man living in the United States has pleaded guilty to possessing child pornography after he unknowingly provided disturbing videos to an FBI agent he thought was a pedophile.

    • A group of climate activists is challenging SaskPower's move towards natural gas, arguing it violates their Charter rights.

    • Regina kids facing mobility issues were gifted toy cars through the Go Baby Go program.

    • Police have laid charges after a car crashed into the side of a Kitchener home early Friday morning.

    • The K-W Symphony may have played their last concert but the musicians who made up the ensemble aren’t ready for their curtain call.

    • Melissa Duff-Shore, a Cambridge, Ont. woman who killed her daughter in 2020, has been ordered to a forensic hospital in St. Thomas.

    • The Saskatchewan Teachers' Federation hosted a virtual election forum on education Thursday evening, giving candidates in the provincial election a chance to share their thoughts and answer questions on issues teachers find most important.

    • A Saskatchewan man living in the United States has pleaded guilty to possessing child pornography after he unknowingly provided disturbing videos to an FBI agent he thought was a pedophile.

    • Saskatoon police arrested a homeless person at the scene of an encampment underneath the University Bridge on Friday morning.

    • Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.

    • Two police officers in Greater Sudbury required medical attention for injuries they received arresting a man for the second time in just two days.

    • Police have arrested a Toronto woman in connection with three recent homicides and investigators say that they believe two of the victims may have been 'randomly targeted.'

    • In case you missed it, Â鶹´«Ã½ London has gathered all of the top local stories from this week into one video for your convenience.

    • Fall conditions have arrived in the Forest City, with chilly mornings and warmer afternoons in the forecast.

    • The Ministry of Labour is investigating a workplace incident that claimed the lives of two people in Georgian Bluffs, south of Owen Sound.

    • A woman whose son died last month while at a Penetanguishene, Ont. beach with another family member wants to see safety increased at the beach.

    • The Ministry of Labour is investigating a workplace incident that claimed the lives of two people in Georgian Bluffs, south of Owen Sound.

    • Provincial police are investigating a collision along Highway 400 in Tay Township Friday afternoon.

    • In case you missed it, Â鶹´«Ã½ Windsor has compiled all of the top local stories from this week into one video.

    • The Detroit Tigers are continuing their postseason push after sweeping the Houston Astros in the Wild Card Series — and the excitement is palpable across the Windsor-Essex region.

    • A London, Ont. man, who pleaded guilty earlier this year in a harassment case, has been sentenced to two months in jail for criminal harassment of a Windsor, Ont. family.

    • We haven't heard the candidates talk much about education during B.C.'s 2024 election campaign, but the teachers' union is trying to put the spotlight on that issue.

    • The body of a British Columbia mountain climber has been located and recovered after the 39-year-old man was reported missing during a solo climb on Washington state's Mount Baker earlier this week.

    • Many British Columbians were shaken awake early Friday morning when an earthquake struck in the Strait of Georgia, about 18 kilometres southwest of Tsawwassen.

    • Three young suspects have been arrested in connection with a swarming attack on a teenager in B.C.'s Okanagan last week – and authorities have asked the public to stop circulating disturbing videos of the incident.

    • A father in Kelowna is furious after his 13-year-old daughter was brutally beaten on Gyro Beach. He is calling for criminal charges in the devastating attack, which was caught on video by multiple bystanders.

    • The officer who shot and killed a forcible confinement suspect in Kamloops two years ago was justified in doing so, according to the Independent Investigations Office of B.C.

    • A person was airlifted to hospital following a serious crash in Taber, Alta., on Friday morning. Taber RCMP responded to the scene on Highway 864 around 10:30 a.m., for a crash involving an SUV and a semi-truck.

    • To enhance inclusivity at Lethbridge Polytechnic, the institution has launched a new accessibility micro-credential.

    • WestJet has changed its operations at the Lethbridge Airport, and it means there's now only a single daily flight from Lethbridge to Calgary, down from three flights a day, as offered previously.

    • Two teens, ages 14 and 19, have been charged with arson in connection with a July 14 fire in Cat Lake First Nation that destroyed $500,000 in construction materials.

    • A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.

    • A suspect who accused Thunder Bay police of being responsible for his throat injury actually hurt himself when he swallowed a large amount of drugs.

    N.L.

    Stay Connected
    Follow Â鶹´«Ã½