CCLA at Supreme Court in Safe Third Countries Agreement Case

OTTAWA – The Supreme Court of Canada is hearing arguments today on the constitutionality of the Safe Third Country Agreement (“STCA”), an agreement signed by the Canadian government that designates the United States as a “safe country” for refugees.

The agreement, which dates back to 2004, permits Canada to return refugees arriving at our official land border crossings to the United States without any hearing of their refugee claim. The Federal Court ruled that the STCA was unconstitutional – a decision that was overturned on appeal for largely technical and procedural reasons. The case is now at the Supreme Court.

“Thousands of people seeking refuge in Canada have been turned away at the U.S. border,” said Gillian Moore, Equality Program Director with the Canadian Civil Liberties Association.

The evidence presented in this case – and accepted by the Federal Court – is that refugees who are denied entry to Canada under this agreement face a real risk of detention, resulting in physical and psychological suffering. “Ineligible STCA claimants are returned to the U.S. by Canadian officials, where they are immediately and automatically imprisoned by U.S. authorities. Some have been subjected to solitary confinement, and other inhumane treatment.”

The individuals and organizations who launched this case brought an enormous amount of expert and individual evidence to establish these deeply concerning rights violations. Despite this extensive evidentiary record, the Federal Court of Appeal decided that it was still insufficient. As an intervenor, the Canadian Civil Liberties Association (“CCLA”) is “deeply troubled by the implications the Federal Court of Appeal’s decision will have for access to justice, and the ability of litigants to pursue Charter claims for systemic rights violations.”

CCLA is an intervenor in the case and is being represented pro bono by Jacqueline Swaisland and Jonathan Porter of Landings LLP, Efrat Arbel of UBC and Benjamin Liston of Legal Aid Ontario’s Refugee Law Office.

About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

Watch the Hearing:
Canadian Council for Refugees, et al. v. Minister of Citizenship and Immigration, et al. (link)

Media Contact:
media@ccla.org
Alex Nanoff – 613.709.6318