The U.S. is no safe haven for refugees

Last week a Canadian judge ruled in favour of the Canadian Council on Refugees, the Canadian Council of Churches and Amnesty International in a case brought against the Canadian government regarding the Canadian-U.S. Safe Third Country Agreement (STCA) that forces refugees to apply for status in the first country they arrive in. According to the Globe and Mail, the judge has ruled that this agreement puts Canada in breach of our international obligations (because of course Canada has signed the refugee convention, we sign everything). Specifically, it violates our commitments under the UN Convention Relating to the Status of Refugees and the UN Convention Against Torture.

According to the decision the judge decided against the STCA because the U.S. treats refugees so abysmally that we can not legally force refugees to stay there. There was also the whole shipping people off to countries for torture aspect of the U.S. system as well. (BTW, if there are any legal wonks out there reading, the link above will take you to the federal court decision in its entirety which is nicer than relying on the newspaper reports. If you just want to read the outcome, skip down to Section IX. Conclusions.)

Justice Michael Phelan also criticized the Canadian government for not fulfilling its commitment to review the agreement "despite both the significant passage of time since the commencement of the STCA and the evidence as to U.S. practices currently available". Once again, our government is letting things slip through the cracks while they act like a bunch of dilettantes (see any post relating to Kyoto or Schreiber).

Who does this affect most? For Canada, it will have the greatest impact on refuge seekers from Latin America who travel overland - since 2004, we have been able to turn them away at the border but if the STCA is overturned we will have to let them in.

If this ruling destroys the agreement (and opinions seem to be leaning that way) then they will be allowed through the U.S. and into Canada. Both parties have until 14 Jan 2008 to file their appeals.

Thought you might like to know.

It will be interesting to watch the international fall-out from Canada declaring again (through the proxy of its court system, of course) that the U.S. is a human rights violator.