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

Pea sized hail rained from the skies in Prince Rupert on Nov. 30 leaving roads covered in a sheet of ice. (Photo; K-J Millar/The Northern View)
Large hail caused icy conditions in Prince Rupert

High wind warnings in effect for North Coast and Haida Gwaii

The Fairview-Ridley Connector Corridor is now 75 per cent complete, announced Prince Rupert Port Authority on Nov. 30. (Photo: supplied by PRPA)
Crews are working 24 hours a day to complete vital infrastructure road in Prince Rupert

Fairview-Ridley Connector Corridor is 75% complete announced Prince Rupert Port Authority

Illustration courtesy Pacific Northern Gas
Illustration shows what’s involved with the plan by Pacific Northern Gas to expand the capacity of its natural gas line serving the northwest.
LNG projects hold out potential for lower gas user rates

LNG plants planned for Port Edward and Terrace

Prince Rupert carving artist Henry Kelly is having his work installed on Nov. 20, as a permanent art exhibit at the Prince Rupert Regional Airport. The traditional cedar canoe is a welcome symbol to those arriving at YPR. (Photo: supplied)
Art unveiling ceremonies at YPR cancelled due to new pandemic restrictions

Coast Tsimshian Cultural Exhibit at Prince Rupert Regional Airport features local carvers

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Kettle bells sit aligned in an indoor fitness studio. (PIxabay.com)
1 COVID-19 case at a B.C. fitness studio leads to 104 more infections, 6 school exposures

According to case data released by Fraser Health, one case of the novel coronavirus carries a big impact

Vehicles drive past a display thanking essential workers in Burnaby, B.C. on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Marissa Tiel
B.C. changing COVID-19 case reporting as virus spread continues

Manual counting takes more time, leads to errors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Co-author of residential schools book condemns controversial Abbotsford class assignment

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Kootenay East MLA Tom Shypitka takes over as energy and mines critic for the B.C. Liberal opposition. Kelowna-Lake Country MLA Norm Letnick (right) moves from health critic to assistant deputy speaker. (Hansard TV)
B.C. Liberals pick critics to take on Horgan’s NDP majority

Interim leader Shirley Bond takes seniors, long-term care

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Still from a video surveillance camera of a man alleged to have stolen from several people at knife-point in Chilliwack (Rosedale) early on Nov. 28, 2020. (Facebook)
B.C. man defends his family against intruder, saves neighbour while wielding hockey stick

RCMP looking for footage that captures violent crime spree in Chilliwack

Most Read