Islamic experts work towards national religious school curriculum to apply faith to modern Australian life – ABC News

Interesting and challenging initiative, one that applies to many faith-based schooling:

A new high school curriculum will help young people realise there’s no conflict between following Islam and being raised Australian, despite an atmosphere of Islamaphobia, according to young student Gaida Merei.

Ms Merei was part of the pilot program of what will eventually become a national syllabus for Islamic and Arabic studies.

She said young Muslims often find themselves questioning their identity because they don’t have the answers to questions about their faith that are raised in the news.

“It makes them makes you feel like you’re constantly being attacked,” Ms Merei said.

“It could make them [young Muslims] question their belonging and negatively impact the way they view their role in society and whether their contribution has value.”

She said the pilot program gave her a confidence boost.

“It meant I could embrace my identity a lot more confidently, and confirmed that just because I followed the faith, it didn’t conflict with being raised Australian.”

Experts work toward creating national curriculum

Currently, Australian Islamic schools use approved curriculum for core subjects such as maths, science and English, but there is no cohesive religious studies or Arabic program.

In an attempt to change that, leading experts in Islamic education from around the globe are meeting in South Australia to look at creating a standardised national Islamic studies curriculum that would become the first in the western world.

The two-day conference brings together international experts from New Zealand, Indonesia, North America amongst others to discuss a renewed approach to teaching in Islamic schools.

For the last couple of years several Islamic schools have been in the spotlight for governance concerns.

Centre for Islamic Thought and Education, Professor Mohamad Abdalla, said these issues shed light on the need for Islamic schools to re-evaluate future direction.

As part of the conference agenda academics and policy specialist will look at creating a learning program relevant to a modern-day Australian context.

Professor Abdalla said that’s something current Islamic studies in schools lack.

“Given the [political] climate, young Australians may feel they don’t belong to this country, Islamic studies could empower them to feel confident,” he said.

How to applying faith to modern Australia

Ms Merei said from her experiences of attending an Islamic school, students are missing out on education relevant to their lives in Australia.

“The way the religion is followed and applied in modern Australia will differ to the way it is followed in countries in the Middle East or Europe or Asia,” she said.

“It seems like religious teachers force their understanding of the faith from overseas onto young Australians not understanding the issues and struggles we face are extremely different.”

The course explored often misunderstood topics of sharia, women in Islam, terrorism and identity.

Ms Merei said she missed out on learning about these subjects at the Islamic school she attended and now understands the value of learning about them from a credible source.

“They can properly engage in debate and discussion with people who have different understandings and perspectives.

“They’ll be less frustrated when questioned on these topics because they can actually respond.”

She said in today’s world self-proclaimed scholars are brainwashing young people who have little understanding of their faith.

Ms Merei said having a basic understanding of these topics would empower them to see through their politically motivated propaganda.

Professor Abdalla said an Australian curriculum was expected to be ready in the next two to three years.

Source: Islamic experts work towards national religious school curriculum to apply faith to modern Australian life – ABC News (Australian Broadcasting Corporation)

Australia – Multicultural voices deserve to be heard: Tim Soutphommasane responds to ‘Go back to Laos’ comments 

 More nasty Australian discourse:

Source: Multicultural voices deserve to be heard: Tim Soutphommasane responds to ‘Go back to Laos’ comments | SBS News

What is the difference between nationality and citizenship? The Economist

Useful clarification of the nuance although less applicable in the Canadian context compared to the UK and USA (where we do not have distinct categories of citizenship – with the major difference being voting rights for non-residents):

IN OCTOBER, when Theresa May’s political future still looked bright, the British prime minister chastised her opponents: “If you believe you’re a citizen of the world, you’re a citizen of nowhere. You don’t understand what the very word ‘citizenship’ means.” In their defence, the concept of citizenship is complex, especially when compared with the similarly complicated idea of nationality. What is the difference between the two?

In general, to be a national is to be a member of a state. Nationality is acquired by birth or adoption, marriage, or descent (the specifics vary from country to country). Having a nationality is crucial for receiving full recognition under international law. Indeed, Article 15 of the Universal Declaration of Human Rights declares that “Everyone has the right to a nationality” and “No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality” but is silent on citizenship. Citizenship is a narrower concept: it is a specific legal relationship between a state and a person. It gives that person certain rights and responsibilities. It does not have to accompany nationality. In some Latin American countries, for example, such as Mexico, a person acquires nationality at birth but receives citizenship only upon turning 18: Mexican children, therefore, are nationals but not citizens.

Similarly, not all American nationals are also American citizens. People born in the “outlying possessions of the United States” can get an American passport and live and work in the United States, but cannot vote or hold elected office. In the past, these “outlying possessions” included Guam, Puerto Rico and the U.S. Virgin Islands, but in the 20th century Congress gradually extended citizenship to their inhabitants. Today, only American Samoa and Swains Island stand apart: the latter is a tiny atoll in the Pacific ocean, barely more than five meters above sea level, which, in 2010, had a population of just 17.

In Britain, thanks to the legacy of colonialism, the situation is even more complicated. There are six types of British nationality: British citizens, British subjects, British overseas citizens, British overseas territories citizens, British overseas nationals, or British protected persons. Sometimes it is possible to switch categories: for instance, before the British handed Hong Kong over to the Chinese on 1st July 1997, some British overseas territories citizens registered as British overseas nationals. These overseas nationals hold British passports and can receive protection from British diplomats, but they do not have the automatic right to live or work in Britain. So in Britain, there are several types of citizenship and some nationals who are not citizens at all. The targets of Mrs May’s ire are likely to have good company in not fully grasping the meaning of the word “citizenship”.

Source: What is the difference between nationality and citizenship?

Claims Australian politics and media are ‘too Anglo’ | Daily Mail Online

Interesting no comments on political representation, where Australia’s numbers are poor for visible minorities:

The Australian Human Rights Commission has called for more ‘cultural diversity’ in politics and the media because both are currently dominated by ‘Anglo-Celtics’.

In a submission to a Senate committee looking at ‘Strengthening Multiculturalism’, the AHRC urged the government to create a federal agency to collect data and report on diversity within leadership positions.

‘While Australia is highly socially mobile, there is an underrepresentation of cultural diversity in positions of leadership, as well as in the media,’ the AHRC said.

The Australian Human Rights Commission has called for more ‘cultural diversity’ in Australian leadership positions because the default currently remains Anglo-Celtic

The AHRC has urged the federal government to create a federal agency to collect data and report on diversity within leadership positions. Pictured, Prime Minister Malcolm Turnbull

‘The Commission believes that increasing cultural diversity in leadership and in the media would strengthen Australia’s multiculturalism.

‘A lack of diversity in leadership and in the media could conceivably lead to a perception of what it is to be ‘Australian’ that does not reflect our multicultural character.’

The AHRC noted ‘The ethnic and cultural default of leadership remains Anglo-Celtic’ and warned the nation ‘may not be making the most of its cultural diversity’.

Their submission also quoted a study carried out by Screen Australia which found non-Anglo-Celtic groups were being underrepresented on national television dramas.

Source: Claims Australian politics and media are ‘too Anglo’ | Daily Mail Online

Link to submission: (PDF 230 KB)

Un premier cimetière musulman dans la région de Québec | Le Devoir

The less controversial cemetery proposal and one that recognizes Canadian (and Quebec) Muslims:

Près de six mois après l’attentat à la grande mosquée de Québec, un premier cimetière musulman a été officiellement inauguré, dimanche, dans la région de la Capitale-Nationale.

Une portion du cimetière Les Jardins Québec appartenant à l’entreprise funéraire Lépine Cloutier Athos, à Saint-Augustin-de-Desmaures, sera dorénavant réservée aux défunts de confession musulmane.

En entrevue à La Presse canadienne, le président de Lépine Cloutier Athos, Yvan Rodrigue, a indiqué que 500 lots sont maintenant réservés aux citoyens de foi musulmane et qu’il sera possible d’augmenter ce nombre.

« On a commencé avec une section de 500 lots, mais selon les besoins, nous pourrons agrandir », a-t-il indiqué.

Une solution locale

M. Rodrigue a expliqué que son entreprise a instauré le service afin de « répondre à un besoin de plus en plus criant » pour les gens de l’est du Québec qui n’avaient que deux options — soit être rapatriés dans leur pays d’origine ou être enterrés dans un cimetière musulman à Montréal.

« Il y a des gens qui sont ici depuis plusieurs générations et ce n’est pas toutes les familles qui veulent que le corps soit rapatrié au pays d’origine, donc c’est important qu’ils aient une solution locale », a justifié M. Rodrigue.

L’initiative a toutefois été prise sans la participation du Centre culturel islamique de Québec, qui mène un autre projet de cimetière à Saint-Apollinaire.

Le secrétaire du Centre, Mohamed Kesri, a récemment expliqué au journal Le Soleilque cette nouvelle section de cimetière, à Saint-Augustin-de-Desmaures, ne comblait pas les besoins de la communauté. Selon lui, la majorité des gens préfèrent savoir que leurs proches sont enterrés à un endroit possédé par la communauté et où les rites et coutumes sont suivis.

Douglas Todd: Fake jobs fast-track permanent residency for migrants

Hard to know full extent of problem compared to overall numbers of Permanent Residents but number of anecdotes and some high profile convictions indicate is an issue:

Canadian employers are creating fake jobs so would-be immigrants can quickly get citizenship.

Immigration “consultants” often arrange the illicit deals, which frequently result in Canadian business owners being paid to fabricate non-existent jobs.

Other times, the immigrants perform actual work, while themselves handing cash to the employer under the table to top up their own salary.

The employers, for their part, devise fraudulent pay stubs so the foreign nationals can “prove” to immigration officials they have needed skills to go to the front of the queue to become a permanent resident of Canada.

“It’s very widespread. I have met a lot of clients who tell me how this is being done underground,” says George Lee, a veteran Burnaby-based lawyer who specializes in immigration law.

Immigration department officials, lawyers, employers, prosecutors and migrants are increasingly providing accounts of how immigration consultants and companies fabricate bogus records so foreign nationals can obtain permanent resident status.

Migrants are handing company owners anywhere from $15,000 to more than $150,000 to create the counterfeit jobs, with immigration consultants pocketing large fees in the bargain.

One immigrant department report said fraud is “commonly associated” with such jobs, called “arranged employment offers.”

“There are lots of cases like this and they’ve been going on for a long time,” said Lee. “In most cases, jobs are needed to become a permanent resident, yet in many cases they are just jobs on paper.”

Both Lee and Vancouver immigration lawyer Richard Kurland have been informed by clients, who range from young international students to professionals with degrees, about different deals would-be immigrants strike with employers.

In one standard example, Lee said, a foreign student who received paycheques worth $30,000 a year for part-time work was paid $15,000 by the employer, but also secretly handed over another $15,000 in cash to his boss to prop up his declared salary.

It’s a violation of the law, say Lee and Kurland, to offer cash in exchange for a job.

CBC TV in Saskatchewan last month secretly recorded Bill Sui, of the Vancouver-based immigrant consulting company Vstar International, offering cash to a Prairie retail employer to create jobs for his clients from Mainland China.

Since the news story came out about how Vstar International promised the owner of a Fabricland outlet $15,000 to produce a false job, plus enough to pay the migrant’s salary, people in three other Saskatchewan communities have come forward with similar accounts.

Kurland provided documents in which people complain to the Immigration department about such practices.

In one redacted letter obtained under an access to information request, a Canadian provided details about how her colleague was “getting her cheques and returning cash money to her employer just to show fake employment.”

Kurland, who publishes the newsletter Lexbase, said: “My research uncovers allegations of fake jobs, examples of fake jobs, and complaints by visa officers about fake jobs. It shows that some people who can’t qualify under our rules will pay big money to get their visa illicitly.”

An Iranian-Canadian businessman in Metro Vancouver told Postmedia that each month offshore professionals offer to pay him large sums to cook up artificial jobs in Canada.

“I get this on a regular basis. I’m offered fees from $10,000 to $50,000, plus they will pay their own salaries. So I could bring employees here and have them work for free,” said the businessman, who asked to not be identified.

In a related case, he cited how three years ago an Iranian couple ago went public about paying a B.C. film company $15,000 to come to Canada for jobs that turned out to be non-existent.

The businessman, who said he does not engage in such practices, said any Canadian company with more than six employees can offer a job to a foreign national.

Many job descriptions, which are either bogus or exaggerated to make them seem more “skilled,” are facilitated through immigration consultants, some of whom are not registered, even though registration is supposed to be a requirement in Canada.

Richmond immigration consultant Xun (Sunny) Wang hauled in $10 millionover eight years by producing phoney paycheques and other documents for up to 1,200 clients in arguably the largest immigration fraud case in Canadian history.

Wang’s employees counterfeited thousands of employment documents for clients, most of whom had no real jobs in Canada.

In 2015 Wang, who was not registered as a consultant, was sentenced to seven years in jail.

Source: Douglas Todd: Fake jobs fast-track citizenship for migrants | Vancouver Sun

Google is funding a new software project that will automate writing local news – Recode

More white collar jobs at risk – other professions will likely face similar partial replacement (e.g., lawyers, accountants):

Google is awarding the Press Association, a large British news agency, $805,000 to build software to automate the writing of 30,000 local stories a month.

The money comes from a fund from Google, the Digital News Initiative, that the search giant started with a commitment to invest over $170 million to support digital innovation in newsrooms across Europe.

The Press Assocation received the funding in partnership with Urbs Media, an automation software startup specializing in combing through large open datasets. Together, the Press Assocation and Urbs Media will work on a software project dubbed Radar, which stands for Reporters And Data And Robots.

Radar aims to automate local reporting with large public databases from government agencies or local law enforcement — basically roboticizing the work of reporters. Stories from the data will be penned using Natural Language Generation, which converts information gleaned from the data into words.

The robotic reporters won’t be working alone. The grant includes funds allocated to hire five journalists to identify datasets, as well as curate and edit the news articles generated from Radar. The project also aims to create automated ways to add images and video to robot-made stories.

“Skilled human journalists will still be vital in the process,” said Peter Clifton, the editor in chief of the Press Assocation in a statement. “But Radar allows us to harness artificial intelligence to scale up to a volume of local stories that would be impossible to provide manually.”

The Associated Press, a major U.S. news agency, started using automation software to generate stories about corporate financial quarterly earnings in 2014. The AP now posts thousands of stories every quarter with the help of its robotic reporting tools.

But the AP generally automates the generation of stories that don’t require investigation. Quarterly earnings are essential to cover for business journalism, but it often amounts to essentially sharing and comparing new numbers from the company with past earnings reports. That requires crunching numbers quickly, which might make more sense to be done by a robot.

The Radar project, on the other hand, plans to cover issues of local importance, digging into government datasets to find stories that matter. That kind of news judgement takes a deep understanding of social, political and local contexts, which humans are better suited to determine than software. The team of journalists who work on the project will likely be key to making it a success.

Still, Clifton says that this type of automated reporting can go a long way at a time of extreme financial pressures on media outlets, helping to cover important local stories — albeit with fewer people involved in the process.

Source: Google is funding a new software project that will automate writing local news – Recode

Alt-right’s jocular façade attempt to deny responsibility: Southey, Proud Boys’ behaviour goofy, but hardly ‘deplorable’: Blatchford

Interesting contrast between Tabatha Southey’s description of the “Proud Boys” and Christie Blatchford’s.

Starting with Southey:

The Halifax incident made national headlines, as a story like this should, particularly as all the men involved – who later celebrated at a local Halifax pub, posting pictures of themselves making the “okay” symbol with one hand, a beer in the other – turned out to be members of Canada’s Armed Forces. As a nation, we are now forced to ask ourself the question “Who the hell are these jokers?” and, always anxious to serve, I present A Brief History of Slime, the story of the Proud Boys.

It’s best to think of the Proud Boys as a group of guys possessed of a seriously shaky grasp of history and a burning desire to wear the same shirt as the guy next to them, who want a white supremacist to tell them when they are allowed to masturbate.

It’s not a fetish I’ve encountered before, but were the Proud Boys not also a far-right group of self-described “Western Chauvinists who will no longer apologize for creating the modern world,” who are against “racial guilt” and who “venerate the housewife” and believe “that the last 50 years have been a disaster for women” (one doesn’t have to be Alan Turing to break thatcode), I wouldn’t kink-shame.

As it is, I have concerns.

The Proud Boys were launched and are headed by Gavin McInnes, Vice magazine co-founder (although they parted long ago) and current contributor to The Rebel Media, the right-wing website founded by Ezra Levant; and yes, a strict limit on masturbation is one of their many peculiarities.

They “believe that this energy,” the energy spent masturbating, “is better spent … getting married, and having children,” and I suppose that’s their call but I can’t help thinking that if you truly believe that by not masturbating you’ll be able to save enough energy to raise a child, you are doing one of these things very, very badly.

Some of you may remember Mr. McInnes as the man who made a bit of a splash with neo-Nazis in March when a number of videos he recorded on a recent trip to Israel were posted.

In these videos, one of which was called “10 things I Hate About the Jews,” Mr. McInnes variously put the word “Holocaust” in air quotes, complained that Jews, who he said “are ruining the world with their lies and their money and their hooked-nose, bagel-eating faces,” have a “whiny paranoid fear of Nazis.” He repeatedly spoke in a grotesque cartoon Jewish accent and said that people in Israel spit when they talk and that “Middle Easterners reek.”

Ensconced in his hotel room in Israel, which he believes was likely paid for, along with the rest of his “propaganda tour,” by private Israeli donors and the Israeli government, Mr. McInnes told viewers that while they “assume we’re going to listen to all this shit we get fed” it’s “having the reverse effect on me: I’m becoming anti-Semitic.”

“Well, we’re at the Holocaust museum, and we’re being told, ‘The Germans did this. The Germans are horrible people …’” he sulked, apparently irritated that Holocaust deniers might not be getting a fair hearing at Yad Vashem, the Holocaust memorial.

“Well, they never said it didn’t happen,” he said, in an attempt to remedy this perceived injustice. “What they’re saying is it was much less than six million and that they starved to death and they weren’t gassed …”

Mr. McInnes was quick to ask that the viewer not “take that clip out of context.” He’s not saying “it wasn’t gassing” – that’s just what the “far-right nuts are saying” and, being “sick of so much brainwashing,” he felt compelled to articulate the theories of said nuts.

Mr. McInnes worries that we’re too caught up on the Holocaust in general. “There’s been a lot of genocides,” he says, most notable to him being the Soviet Holodomor, of which he says, “I think it was 10 million Ukrainians who were killed. That was by Jews. That was by Marxist, Stalinist, left-wing, commie, socialist Jews.”

It seems that the major distinction between the alt-right and Mr. McInnes’s preferred “alt-light” is that the former are very concerned about “Judeo-Bolshevism,” the Nazi conspiracy theory that Jews were secretly behind the rise of communism; and the latter just wish to inform you that the Soviet Union (or at least the more genocidal aspects of it) was secretly run by Jews.

Jews have been very busy in the Proud Boy’s founder’s bizarre understanding of history. When not engineering the downfall of the Russian Czar, they were “disproportionately” influencing the Treaty of Versailles, forcing terribly unfair terms of surrender on Germany. The treaty “sucked and the Germans hated it” Mr. McInnes says, indicating that “Jewish intellectuals” were, at least in part, responsible for the Second World War, and the Holocaust, such as it was.

If this sounds extreme, anti-Semitic, or perhaps dangerous to you, it’s okay: Mr. McInnes chortles when he says these things, allowing his fans to assure us that it’s just harmless comedy.

If much of what you see on the alt-right side looks and sounds so ridiculous, such jocular goose-stepping, these days, that’s deliberate. Share a photograph of you and your be-polo-shirted buddies flashing the Nazi salute, and the popular discourse knows just what to do with you. Substitute the “okay” gesture – unofficially but lovingly adopted by this crowd – and anyone who points out the white-supremacist imagery is just a crazy leftist snowflake who probably thinks a cartoon frog is a hate symbol too.

What we’re seeing here, and in Halifax, is white supremacy painted over with a coat of irony, euphemism and plausible deniability. All of that just barely thick enough that Mr. McInnes still gets airtime on CBC’s Power & Politics. He used this airtime, speaking in his capacity as the Proud Boys’ founder and leader, to ask the host “Can you see why Cornwallis issued a bounty on Mi’kmaqs?” and spread, pretty much unchallenged, a number of hateful and damaging historical inaccuracies about the Mi’kmaqs. (The CBC has since apologized for the segment.)

Source: The alt-right’s jocular façade is an attempt to deny responsibility – The Globe and Mail

Blatchford’s alternative universe:

A small crowd was gathered around the statue, one of them carrying an upside-down Canadian flag with the word “decolonize” written on it, there to mark the various atrocities committed against Indigenous people while Chief Grizzly Mamma, who is originally from British Columbia, shaved her head.

According to what McInnes later told the CBC, the five were in a bar on July 1, heard rumours of an anti-Canada protest, and decided to go check it out.

Also for the record, the men were well-spoken, polite and respectful; they were met by a young woman, from the protesters, who was equally polite and respectful. The men explained they were curious and wanted to see what was going on; she said they’d be welcome to listen quietly if they didn’t disrupt things.

But a couple of other protesters were not similarly inclined.

One snarled, “This is a fucking genocide.” Someone else said, “This is Mi’kmaq territory, to which one of the Proud Boys replied, “This is Canada.” Members of each side tossed about historically inaccurate facts in the manner of the young and unschooled. Another young woman bristling with hostility kept moving closer to one of the men until she was practically touching him. “You don’t seem to like me standing so close,” she said. “You’re very close,” he replied calmly.

But then the Proud Boys left, having been chastised for their pronunciation of Mi’kmaq and for their disrespectful tone, or, as a protester put it, got “the —- out of here.”

There were no harsh words from the Proud Boys. There was even some humour; once, told by a protester to speak more softly, one of the men said, in effect, “What? This is a library now?” But he did as he was asked.

Not a blow was struck. Not a disrespectful word was uttered, unless, of course, one counts the mere questioning of Indigenous protest as disrespectful. Not a gram of cereal was consumed or thrown.

Source: Christie Blatchford: Proud Boys’ behaviour might be goofy, but is hardly ‘deplorable’

 

Bahrain is stripping dissidents of their citizenship, and the U.S. is silent – The Washington Post

Another example of revocation being used to political ends:

The tiny island kingdom of Bahrain is increasingly turning to a particularly draconian tool of repression: stripping dissidents of their citizenship.

Rights activists say authorities have revoked the citizenship of 103 people so far this year, already more than in 2016. All were convicted of terrorism-related crimes in trials that rights activists say lacked due process and transparency.

The pace of citizenship revocations has increased amid an intensifying crackdown on opposition. And activists charge that the silence of the West, particularly the United States and Britain, has emboldened authorities to press ahead with more repressive measures than the kingdom has employed since the response to mass protests in 2011.

“There’s absolutely zero pressure for them to reform or do anything that’s less than repressive,” said Sayed Ahmed Alwadaei, director of advocacy at the Bahrain Institute for Rights and Democracy and one of those deprived of his citizenship. That attitude was clear, he said, when President Trump reassured the king of Bahrain at a meeting in May that there would be no “strain” in their relationship.

“This was an indicator that human rights is absolutely not part of the U.S. interests,” Alwadaei said.

An official at the Bahraini Embassy in Britain said authorities revoke citizenship “in the aim of preserving security and stability while countering threats of terrorism.”

“Revoking citizenship is only done in accordance with the provisions of the law, in cases where the person involved were engaged in activities that has caused damage to the interest of the Kingdom and its national security,” the official said in an email, responding to questions on the condition of anonymity.

Bahrain, an archipelago in the Persian Gulf that is home to the U.S. Navy’s 5th Fleet, has a majority-Shiite population but is governed by a Sunni monarchy. In 2011, thousands of protesters demanding democratic reforms were met with a brutal crackdown and mass arrests. International pressure led to an inquiry that documented allegations of torture and violations by security forces, and recommended reforms.

But that pressure has largely evaporated, and the government has recently taken the crackdown to new lengths, dissolving political groups and the kingdom’s last independent newspaper. Many activists and opposition figures have been jailed, and security forces killed five protesters in a raid on a demonstration in May.

Source: Bahrain is stripping dissidents of their citizenship, and the U.S. is silent – The Washington Post

El Salvador woman at the heart of legal challenge to Safe Third Country Agreement

Interesting case to watch given that it centres around a person rather than the previous more general one:

When an El Salvador woman and her two children arrived from a Buffalo, N.Y., shelter to the Fort Erie border crossing Wednesday, seeking to make a refugee claim in Canada, a team of lawyers from Toronto’s Downtown Legal Services was on high alert. They had U of T law students waiting and watching to report back from the border.

As soon as the woman — identified only as “ABC” in court documents — was denied entry under the Safe Third Country Agreement, the legal team filed a Federal Court challenge to the agreement, which they had been working on for months.

The agreement requires refugees to request protection in the first safe country they arrive in. Refugees crossing from the U.S. at official border crossings are usually denied entry into Canada. That’s part of the reason why so many risk sometimes dangerous illegal border crossings to make a refugee claim once already in the country — a legal loophole that’s permitted.

This is the second legal challenge to the agreement but the first with a person at its core.

“I feel happy and nervous and I am very thankful the lawyers are helping,” said ABC through a translator, when CBC News met her in a Toronto home on Thursday. “Canada is more humane than the U.S. In the U.S. it’s not safe, and I was worried about being sent back to El Salvador.”

Fear of gangs in El Salvador

Justice Ann Marie McDonald granted the woman a stay to live in Canada while her case is being considered. McDonald said there was clear and non-speculative evidence that she would suffer irreparable harm if she were to return to the U.S. and could even be sent back to El Salvador.

ABC’s lawyer, Prasanna Balasundaram, said that some of the strongest legal arguments in this case are based on charter rights. She is facing removal procedures in the U.S., and gender-based asylum claims in the U.S. have inconsistent results. He said that ABC has lasting psychological effects from persecution in El Salvador.

“Her family is the subject of gang violence in El Salvador,” said Balasundaram.

“I dream that all my family is together after all these years and that we don’t have to go home because of the gangs,” said ABC.

….Ottawa says U.S. safe for refugees

A spokesperson for Immigration, Refugees and Citizenship Canada said in an email to CBC News this week that “Canada has carefully analyzed recent developments in the United States, including the executive orders related to immigration and refugee matters, and determined that the U.S. remains a safe country for asylum claimants to seek protection there.”

Immigration Minister Ahmed Hussen has said there is no need to “tinker with” the Safe Third Country Agreement. This pending Federal Court challenge was brought to his attention before ABC even attempted to cross the border.

There may not be political will to challenge the U.S. over this right now, but the courts will have a say.

“I believe now it will be determined on a legal basis and not on the political climate,” said Balasundaram, who calls this a crucial first step — and only a first step — in what could take many months to a year to see through.

Toronto immigration lawyer Lorne Waldman represented Amnesty International in a 2005 court challenge to the Safe Third Country Agreement, which won in Federal Court but lost on appeal.

“It is not going to be easy to challenge,” said Waldman. “I would bet the government would not want this case to go ahead.”

In the previous case the court did not consider it a charter challenge, and there was not an individual such as ABC with a strong argument to make.

“I think the case will be heard,” said Waldman. “Its likelihood of success will depend on the evidence.”

Source: El Salvador woman at the heart of legal challenge to Safe Third Country Agreement – Canada – CBC News