News from the North: Canadian Court Finds that U.S. Fails to Honor International Refugee Obligations

The Federal Court of Canada has ruled in favor of the Canadian Council for Refugees, Canadian Council of Churches, and Amnesty International in finding that it was inappropriate for the Safe Third Country Agreement to designate the United States as a "safe third country" for asylum-seekers (who if they make it to the U.S. before entering Canada can be returned there). The decision, 123 pages long, found that the United States fails to comply with Convention on Torture or Article 33 of the Refugee Convention and the U.S./Canada safe third country agreement was flawed as there was no ongoing meaningful review mechanism. Expert witnesses for the asylum-seekers included Eleanor Acer, Susan Akram (Bostin U), Deborah Anker (Harvard), James Hathaway (Michigan), Karen Musalo (Hastings), Victoria Neilson, Hadat Nazami, Jaya Ramji Nogales (Temple), Andrew Schoenholtz (Georgetown), Philip Shrag (Georgetown), Morton Sklar and Steve Watt.  The Canadian government's witnesses were Kay Hailbronner, David Martin (Virginia), and Bruce Schoffield.

We will see what happens at the Canadian Supreme Court.

KJ