Organizations Urge Federal Government to Immediately Stop Sending Refugee Claimants Back to U.S.
When on
July 23, Justice Anne Marie McDonald of the Federal Court of Canada
invalidated sections of the Immigration
and Refugee Protection Act (IRPA) and the Immigration and
Refugee Protection Regulations (IRPR) that designate the U.S. a "safe
third country," she suspended her declaration of invalidity for a
period of 6 months to give Parliament time to respond.
On July 29, the three organizations which participated as
Applicants in the federal case along with the citizens of various
countries, namely the Canadian Council for Refugees, Amnesty
International Canada and the Canadian Council of Churches sent a letter[1] to Prime Minister
Trudeau, the Deputy-Prime Minister and the concerned ministers calling
upon the federal government to:
"- immediately stop sending refugee claimants back to the United States
and suspend the STCA; and
"- refrain from pursuing an appeal of this decision."
In their letter, they note that Justice McDonald's
judgement "is based on extensive and compelling concerns about the
prevalence, arbitrariness, and cruel and inhumane conditions associated
with immigration detention in the United States, which she finds to be
an "immediate and automatic" punishment for refugee claimants denied
entry into Canada under the STCA."
They also note that the Federal Court decision
"provides a crucial opportunity for the government to act decisively
and live up to its responsibility to bring to an end years of grave
violations of the rights of refugee claimants seeking protection at
official land border posts between Canada and the United States."
Also on July 29,
the three organizations issued a public statement[2] which points out
that the decision "is based on the extensive evidence presented of
wide-ranging and very serious human rights violations associated with
immigration detention in the United States, and in particular of the
actual experiences of people returned by Canada" under the STCA.
Arguing that the government should immediately
stop returning refugee claimants to the U.S., they further explain
that"[e]very day that the rules remain in effect, more people risk
being returned to face imprisonment and mistreatment."
"Similarly," they continue, "the government should
refrain from launching an appeal that will further prolong and protract
this intolerable situation."
"By any measure," they argue, "respect for the
rights of refugee claimants in the United States at this time
constitutes a human rights crisis," adding that "Canada should not
continue to be complicit in these deeply troubling human rights
violations for another day, let alone six months."
They also point to the fact that "if refugees are
able to make claims for protection at official border posts," this will
"bring an end to the crossings at Roxham Road."
"Canadians have been deeply troubled by the
longstanding lack of respect for the rights of refugees and migrants in
the United States, which has worsened precipitously in recent years,"
they further point out.
"We cannot continue to send people back to the
United States knowing that they will be treated in ways that are
fundamentally unjust, causing grave and lasting harm," they conclude.
Notes
1. Letter
re.
Federal Court Safe Third Country Agreement ruling from CCR, AI and CCC
2. Organizations
call on federal government to immediately stop sending refugee
claimants back to the United States.
This article was published in
Volume 50 Number 29 - August 8, 2020
Article Link:
Organizations Urge Federal Government to Immediately Stop Sending Refugee Claimants Back to U.S.
Website: www.cpcml.ca
Email: editor@cpcml.ca
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