Supreme Court of Canada upholds agreement allowing return of asylum seekers to US

Canada’s Supreme Court has upheld an immigration agreement that enables authorities to prevent asylum seekers from entering the country if they have crossed through the United States.

The Safe Third Country Agreement, which has been in effect since 2004, stipulates that individuals seeking asylum must submit their applications in the first safe country they arrive in after leaving their country of origin.

The court judges unanimously concluded that the agreement “does not violate the rights to liberty and security of refugee claimants.” This ruling comes after a Federal Court judge invalidated the agreement in July 2020, citing violations of the Canadian Charter of Rights and Freedoms due to the poor detention conditions faced by individuals returned to the US.

Advocacy groups, acting on behalf of claimants such as an Ethiopian woman who was held in solitary confinement for a week in a US detention center after being returned by Canadian authorities, challenged the constitutionality of the agreement. However, the Supreme Court found that Canada’s legislative framework includes safeguards against the risk of refoulement, even if asylum seekers face genuine threats in the United States.

Nevertheless, the Supreme Court specified that the Federal Court should reassess the policy concerning female asylum seekers who fear persecution based on their gender. The court recognized that the United States may not be a safe country for many refugees, particularly those identifying as women or belonging to LGBTQIA+ communities.

The Canadian Civil Liberties Association (CCLA) expressed concerns about the potential risks faced by these vulnerable groups, highlighting the risk of arbitrary detention, solitary confinement, and eventual return to a country where they may face persecution, torture, or death. Amnesty International Canada echoed these concerns and urged the Canadian government to withdraw from the agreement as soon as possible.

It is worth noting that since March, authorities have been able to turn back migrants attempting to cross the entire border between Canada and the United States. Previously, the agreement did not apply to asylum seekers entering Canada outside of official ports of entry, such as the popular crossing at Roxham Road, located south of Montreal. In 2022 alone, approximately 40,000 migrants arrived in Canada through this specific entry point from the United States.