How a Canada Supreme Court ruling could affect U.S.-Canada refugee flows
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[June 17, 2023]
By Anna Mehler Paperny
TORONTO (Reuters) - Canada's Supreme Court on Friday upheld a border
pact under which Canada and the United States send back asylum seekers
crossing the land border, finding the agreement does not violate asylum
seekers' right to life, liberty and security of the person.
But it sent the case back to a lower court to determine whether the
contested agreement violates asylum seekers' right to equal treatment
under the law.
The ruling came as Canada was taking steps to more tightly manage its
border with the United States. In March the two countries amended the
Safe Third Country Agreement so it applies to the length of the
4,000-mile (6,440-km) land border, rather than just at formal crossings.
WHAT DOES THE RULING SAY?
The Supreme Court found that built-in "safety valves" that allow some
asylum seekers to avoid being turned back in certain circumstances mean
the agreement does not violate their right to life, liberty and security
of the person under Canada's Charter of Rights and Freedoms.
But the court also found an unaddressed question when it comes to
whether the agreement violates equality rights.
![](http://archives.lincolndailynews.com/2023/Jun/17/images/ads/current/guzzardos_sda_HEROS_2023.png)
WHAT HAPPENS NEXT?
The agreement stands and the case will return to federal court to
determine whether the agreement violates asylum seekers' right to equal
treatment under the law.
Refugee advocates claimed the agreement violates that right because they
argue the United States is less receptive to refugee claims predicated
on gender.
A lower court could find in favour of refugee advocates or the
government, a decision that could be appealed either way. The case could
wind up back at the Supreme Court, lawyers told Reuters.
WHAT PRECEDENT DOES THE RULING SET?
It could prompt courts to pay closer attention to challenges under the
equal treatment section of Canada's Charter of Rights and Freedoms, said
lawyer Jamie Chai Yun Liew, who represented some of the parties
intervening in this case.
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![](../images/061723PIX/news_o24.jpg)
Royal Canadian Mounted Police (RCMP)
officers unveil a new sign at Roxham Road, an unofficial crossing
point from New York State to Quebec for asylum seekers, in
Champlain, New York, U.S. March 25, 2023.REUTERS/Christinne Muschi
![](http://archives.lincolndailynews.com/2023/Jun/17/images/ads/current/graue_lda_preowned_061223.jpg)
"Now the court is saying, 'You should do the work.' ... By ignoring
it, you're dismissing very important claims."
HOW HAVE MIGRANT MOVEMENTS CHANGED?
The expansion of the Safe Third Country Agreement is already having
an impact on migrant flows into Canada. In March, Royal Canadian
Mounted Police intercepted 4,173 asylum seekers on their way to file
refugee claims in Canada after crossing irregularly. Last year,
almost 40,000 people crossed into Canada between formal crossings to
file refugee claims.
Between March 25, when the amendments took effect, and May 28, 618
asylum seekers crossed between ports of entry and were referred to
the Canada Border Services Agency, according to agency figures. As
many as 283 were sent back to the U.S., 247 were allowed to file
refugee claims in Canada under exceptions to the agreement, and
another 88 were being processed.
At the same time, the number of people caught crossing southbound
into the United States spiked in March to 992 from 630 in February
and stayed high in April, U.S. Customs and Border Patrol figures
show.
The number of people apprehended by the U.S. Border Patrol near the
northern border in the first seven months of fiscal 2023, which
began in October, is more than double the total for fiscal 2022, the
figures show.
![](http://archives.lincolndailynews.com/2023/Jun/17/images/ads/current/charrons_bch_2022.png)
A Customs and Border Patrol spokesperson could not give a reason for
the increase.
(Reporting by Anna Mehler Paperny; Editing by Denny Thomas and
Jonathan Oatis)
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