Federal Court declares Canada-U.S. refugee pact unconstitutional

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Federal Court declares Canada-U.S. refugee pact unconstitutional
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A federal judge has struck down a key agreement on refugees between Canada and the United States, but gave Ottawa six months of breathing room to respond to the landmark decision.

, Federal Court Justice Ann Marie McDonald said Wednesday that elements of the law underpinning the Safe Third Country Agreement violate the constitutional guarantee of life, liberty and security.

Canadian refugee advocates have vigorously fought the deal, arguing the U.S. is not always a safe country for people fleeing persecution. Several refugee claimants took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.

In her decision, McDonald concluded that the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities. The public interest parties who took part in the case welcomed the ruling, calling on the federal government to stop sending people back to the U.S. under the agreement, and to not appeal the court decision.

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