A Federal court in Canada has ruled that the asylum agreement Canada has with the United States is invalid due to the fact that America violates the human rights of refugees.
The Safe Third Country Agreement (STCA) has been in place since 2004 and it requires refugee claimants to request protection in the first safe country they get to.
But recently, a judge ruled that the deal was unconstitutional due to the tendency that the migrants will be imprisoned in the United States.
While giving the judgement, Federal Court Judge Ann Marie McDonald ruled that the deal contravened a section of Canada’s Charter of Rights that prohibits the government from interfering in the right to life, liberty and security.
In her ruling, Judge McDonald said: “It is my conclusion, based upon the evidence, that ineligible STCA claimants are returned to the US by Canadian officials where they are immediately and automatically imprisoned by US authorities.
“I have concluded that imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA and are a violation of the rights guaranteed by section 7 of the [Charter of Rights and Freedoms].”
However, the judge stalled the ruling for six months to permit the response of Canada’s parliament and the US Congress. Also, the ruling can be appealed.
United States immigration authorities have not yet commented on the ruling.
