Canada’s top court upholds STCA that sends asylum seekers to US

Canada’s Supreme Court has upheld an agreement that allows authorities to turn back asylum seekers crossing into the country from the United States.

Canada’s Supreme Court has upheld an agreement that allows authorities to turn back asylum seekers crossing into the country from the United States.

The Safe Third Country Agreement (STCA) allows asylum seekers to be turned back on the grounds they should have applied for asylum in the first “safe” country in which they arrived, in this case the US.

Refugee advocates had argued in their court challenge that the agreement violates asylum seekers’ rights under the Canadian Charter of Rights and Freedom – notably their rights to life, liberty and security of the person as well as their right to equal treatment.

They said those returned to the US face poor detention conditions and the prospect of refoulement, or being forcibly removed to their country of origin.

In the unanimous ruling released on Friday, Justice Nicholas Kasirer agreed that return to the US risked violating some rights. He cited the “risk of detention upon being returned there and some aspects of detention conditions” and well as the risk of forcible return.