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

2026/01/22 Leave a comment

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

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Trump’s halting of asylum claims prompts fresh calls to suspend Safe Third Country Agreement

2025/12/04 Leave a comment

No surprise. Reactions below:

…But some experts have warned that suspending the agreement could open the door to an unknown number of asylum claimants who are currently ineligible for protection in Canada, at a time when the federal government is striving to reduce immigration because of pressure on housing.

Fen Hampson, president of the World Refugee & Migration Council and a professor of international affairs at Carleton University, said Mr. Trump’s decision “puts our government on the horns of a real dilemma.”

“The U.S is no longer providing equivalent protection and Canada faces a significant moral and potentially legal obligation to offer asylum to those who cannot get protection in the U.S.,” he said.

“The Canadian government must now decide whether it wishes to exercise its authority to suspend the agreement, create a broader exemption or stick with the status quo,” he said in an e-mail. “With tens of thousands of asylum claims still pending in Canada and fears that suspending the [agreement] could lead to increased irregular border crossing, the government may prefer to do nothing.” …

The Canadian Association of Refugee Lawyers and the South Asian Legal Clinic of Ontario have launched a judicial review of the Safe Third Country Agreement, seeking to declare it invalid. Maureen Silcoff, a lawyer who is representing plaintiffs in that case with lawyer Sujit Choudhry, said the agreement requires countries to follow the UN Refugee Convention, but the U.S. has chosen to stop adjudicating asylum claims. 

“The agreement itself anticipated that a situation may arise that requires a suspension,” Ms. Silcoff said.

“That day has arrived. The basis for the agreement has evaporated. It was predicated on the U.S. having a functional asylum system. The U.S. suspension of asylum determination means that the very foundation of the agreement has disappeared.”…

Lawyer James Yousif, who was policy director to former immigration minister Jason Kenney, said the U.S. government’s decision to halt all refugee claims would likely lead the Federal Court to strike down the Safe Third Country Agreement, which requires what he describes as a “functioning” asylum system.

“The extent of a President’s ability to halt asylum without legislation is unclear. But if asylum is halted and deportations begin, the consequences for Canada will be immediate,” he wrote in an e-mail.

If the pact is struck down, Mr. Yousif said, that would allow millions of people currently in the U.S. who are covered by the Safe Third Country Agreement to apply for asylum here.

“That would represent an existential threat to Canada’s immigration system,” he said.

Sharry Aiken, a professor at Queen’s University specializing in immigration and refugee law, said Mr. Trump’s latest edict on halting asylum claims is “the nail in the coffin” of the Safe Third Country Agreement.

She said other anti-migrant policies he has enacted should have already prompted the Canadian government to revisit whether it is still valid.

“If we had any doubts before, we shouldn’t now,” she said. “The agreement is predicated on responsibility sharing and that people have access to asylum in the U.S.”

Prof. Aiken predicted suspending the agreement is not going to lead to Mr. Trump being “upset with Canada” or a big influx of asylum seekers coming from the U.S.

“If necessary, we need to ensure that the IRB [Immigration and Refugee Board] is adequately resourced to deal with a potential increase in the number of claims,” she said.

Source: Trump’s halting of asylum claims prompts fresh calls to suspend Safe Third Country Agreement

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