Judge correctly found refugee pact violates charter, lawyer tells appeal court

A lawyer for prospective refugee claimants says a federal judge was correct in finding an agreement between Ottawa and Washington results in people being imprisoned by U.S. authorities.

Lawyer Michael Bossin argued in an appeal hearing Wednesday there was enough evidence for Federal Court Justice Ann Marie McDonald to conclude the Safe Third Country Agreement leads to the detention of people turned away by Canada.

“The grounds upon which people can be detained in the U.S. are much broader than in Canada,” Bossin told a three-judge panel of the Federal Court of Appeal.

Under the refugee agreement, which took effect in 2004, Canada and the U.S. recognize each other as safe places to seek protection.

It means Canada can turn back a potential refugee who arrives at a land port of entry along the Canada-U.S. border on the basis the person must pursue their claim in the U.S., the country where they first arrived.

Canadian refugee advocates have steadfastly fought the asylum agreement, arguing the U.S. is not always safe for people fleeing persecution.

Several people seeking protection took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, which participated in the proceedings as public-interest parties.

In each case the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at Canadian land entry ports from the U.S. and sought refugee protection.

They argued in Federal Court that by returning refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.

In her decision last year, 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 life, liberty and security rights guaranteed by Section 7 of the Charter of Rights and Freedoms.