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Top court strikes down refugee deal

The Montreal Gazette, January 17, 2008

http://www.canada.com


Ottawa -- A Federal Court judge has formally struck down a controversial refugee agreement with the United States, saying Canada failed to ensure that the U.S. respects international rules governing torture and refugee rights.

However, no sooner did Justice Michael Phelan declare the Safe Third Country Agreement would cease to take effect on Feb. 1 than the federal government announced it will appeal the ruling and apply for a stay until the case is decided by higher courts.

Under the Safe Third Country Agreement, which went into effect on Dec. 29, 2004, refugees who reached Canada or the U.S. were considered to have already reached a safe country and were generally barred at land crossings from entering the other country.

At the time, the government said the agreement would help put an end to the practice of 'asylum shopping' by refugees.

The agreement earned the ire of refugee advocates, who pointed out Canada's criteria for recognizing refugees were often different than those in the U.S., as was the treatment of refugees waiting for cases to be heard.

Refugee advocates estimate thousands of potential refugees are being turned back into the U.S. under the agreement.

Yesterday's ruling follows Phelan's November judgment in which he found that the U.S. does not meet international refugee- protection requirements, nor does it respect international conventions against torture.

The U.S. has challenged the court's evaluation of its refugee practices.




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