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

Just Posted

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Whiskey Creek gas station destroyed by fire after camper van explosion

Nine fire departments responded to the incident, no injuries reported

New Vancouver Island University chancellor Judith Sayers was sworn in at a virtual ceremony June 17. (Submitted photo)
VIU’s new chancellor seeks innovation and equality in post-secondary education

Judith Sayers officially sworn in as Vancouver Island University chancellor

Craft Brewing and Malting program student Ellie Hadley plans to use her newfound skills and knowledge to set up a distillery in Port Alberni. (PHOTO COURTESY LEE SIMMONS)
Something’s brewing with North Island College’s newest program

Port Alberni grad Ellie Hadley hopes to turn new skills into thriving business

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Karl and Stephanie Ann Johanson were thrilled to spot a pair of Sandhill Cranes in the Panama Flats this month, an unusual appearance for such birds. (Photo by Stephanie Ann Johanson)
WATCH: Sandhill cranes an unusual, joyful sight in South Island parkland

These birds don’t often touch down on their way between northern B.C. and Mexico

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

(V.I. Trail/Google Maps)
Now 90% complete, Vancouver Island trail forges new funding parnership

Victoria Foundation takes on Vancouver Island Trail Association; fund valued at $40,000

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Freighters have becomd abundant in the Trincomali Channel on the east side of Thetis Island.
Nanaimo ponders taking on waste from nearby anchored freighters

Vancouver-based Tymac petitioning the Regional District of Nanaimo to accept waste at its landfill

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read