Canada  court rules US not safe for refugees, asylum seekers

The Canadian Federal Court ruled Wednesday that the agreement regulating the arrival of refugees from the United States is unconstitutional and gave the Canadian government six months to modify it, understanding that it is not a safe country for asylum seekers.

The agreement, called Safe Country and implemented in 2004, prevents a person arriving in Canada from the United States from seeking refuge from Canadian authorities by establishing that the country of origin is a “safe country” in which the individual can request asylum.

The agreement is reciprocal, but in reality, there are few people from Canada trying to seek refuge in the United States. Since Canada only has a land border with the US, the Safe Country Agreement ensures that virtually no person from the neighboring country gets asylum.

The deal has come under fire from organizations like Amnesty International (AI), the Canadian Refugee Council (CCR) and the Canadian Council of Churches, which petitioned the Canadian courts to void the deal because of the people Canada rejects as refugees and ships back to the United States may be deported to their home countries.

Federal Court Judge Ann Marie McDonald agreed with the plaintiffs, noting that they “have provided sufficient evidence of the risks and problems” suffered by asylum seekers who are returned to the United States as a result of the treaty.

McDonald also noted that those who are returned to the United States are jailed as “punishment” for seeking refuge in Canada, and therefore decided that it violates Canadian laws on rights and freedoms.

Lawyers for the Canadian state had argued that the arrests made by the United States are fair and that the abolition of the agreement will lead to an increase in requests for refuge by people in the neighboring country.

Organizations that requested the abolition of the agreement applauded the decision of the Federal Court in a statement.

CCR President Dorota Blumczynska said “experience shows, and convinced the court, that the United States cannot be considered a safe country for refugees.”,

Alex Neve, Secretary-General of AI in Canada, stated that “the Safe Country Agreement has been a source of serious human rights violations for years, which has been unequivocally confirmed by this ruling” and asked for the “It cannot be allowed to remain on its feet for another day. And it is even more worrying now given the prevalence of COVID-19 in immigration detention centers

in the United States. Canada should revoke the decree that practically closes the border to asylum seekers as part of Canada’s response to COVID-19, “added Neve.

He was referring to the decision made by the Canadian government on March 20 that is returning to the United States, without process or appeal, all asylum seekers who arrive in the country irregularly, to face to the coronavirus pandemic.

Canadian Prime Minister Justin Trudeau acknowledged that the agreement with the United States is unprecedented although he said the measure is “temporary” but without indicating when it will be abolished