Saturday, December 1, 2007

Oh Canada--Canuks Cross-Check Uncle Sam

Canadian Court Says U.S. Not Safe for Refugees
| posted by Chet Scoville | Friday, November 30, 2007 | permalink |


The United States is not a safe country for refugees, the [Canadian] Federal Court said Thursday as it ruled that Canada will no longer have the right to turn back asylum seekers at the border.

In the surprise judgment, the court found that the Safe Third Country Agreement breaches the rights of asylum seekers under the United Nation Refugee Convention or the Convention Against Torture....

Citing the example of Maher Arar, Justice Michael Phelan also noted that the U.S. has not been compliant with the Refugee Convention or CAT (Convention Against Torture).

"... The United States' policies and practices do not meet the conditions set down for authorizing Canada to enter into a STCA," Phelan wrote in his 126-page decision.

"The U.S. does not meet the Refugee Convention requirements nor the [UN] Convention Against Torture prohibition (the Maher Arar case being one example). Further, the STCA does not comply with the relevant provisions of the [Canadian] Charter [of Rights and Freedoms]."
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