ICYMI – ‘A win on all fronts’: Federal Court quashes Ottawa’s attempt to stop legal challenge on cabinet secrets in Canada-U.S. refugee deal

Not all that surprised:

A Federal Court judge has rejected the Canadian government’s attempt to throw out a challenge by advocacy groups seeking greater transparency on how Ottawa decides to designate the United States as a safe country for refugees.

The legal challenge by the Canadian Canadian Association of Refugee Lawyers and the South Asian Legal Clinic of Ontario asked the government to pull back the curtain on its internal reviews regarding the Safe Third Country Agreement with the U.S. In its application, the groups argue that Ottawa must be transparent about the process and ensure it complies with Canada’s Charter of Rights and its international legal obligations.

Under the bilateral refugee pact, which was introduced in 2004, most asylum seekers are required to claim protection in the first safe country they arrive in. This means Canada can turn back refugees arriving from the U.S. on the basis they should pursue their claims in the U.S.

The government brought forward a motion to strike the legal challenge last year, before the case could start. In a ruling on Monday, Justice Alan Diner rejected that request, saying the application was not “doomed to fail” and is strong enough to warrant a full hearing.

Diner wrote that at the core of the government’s argument is the question of what constitutes a decision when it’s required to conduct an ongoing review — “a legal question that should not be answered on a truncated record.”

The judge also granted the applicants “public interest standing,” while recognizing that the advocacy groups themselves are not “directly affected” individuals like refugee claimants.

While the government argued the challenge was filed too late, Diner granted an extension and agreed with the applicants in finding that the delay was reasonable because the legal pathway to challenge the review process only became clear following a 2023 Supreme Court of Canada decision.

Maureen Silcoff, a co-counsel for the refugee lawyer association, described the ruling as “a win on many fronts.”

The question of why the Canadian government is continuing to designate the U.S. a safe country is more pertinent now than ever, Silcoff told the Star. “All we have to do is look south of the border and we see that the current administration has essentially eradicated the asylum process,” she said….

Source: ‘A win on all fronts’: Federal Court quashes Ottawa’s attempt to stop legal challenge on cabinet secrets in Canada-U.S. refugee deal