U.S.-Canada Asylum Treaty Unconstitutional, Judge Finds, Citing 'Cruel' U.S. Behavior

[Belsnickel]

https://www.npr.org/2020/07/23/894859694/u-s-canada-asylum-treaty-unconstitutional-judge-finds-citing-cruel-u-s-behavior

Quote:In a harsh rebuke of America's treatment of refugees, a Canadian judge has ruled that an asylum treaty with the U.S. violates Canada's own charter of human rights, because it returns asylum-seekers to the U.S., where they are "immediately and automatically imprisoned" by U.S. authorities, often under inhumane conditions.

The "Safe Third Country Agreement" denies refugees the right to enter Canada if they had crossed through another country that offers human rights protections. Since 2004, the U.S. has been designated as a "safe" country — so any refugees entering Canada through official checkpoints have usually been turned away. Judge Ann Marie McDonald ruled Wednesday that the agreement violates Canada's charter because of what happens when the refugees are taken into U.S. custody.

Refugees are returned to the U.S. "based on the understanding that they will have access to a fair refugee determination process," McDonald wrote. "However, the evidence demonstrates that the immediate consequence to ineligible STCA claimants is that they will be imprisoned solely for having attempted to make a refugee claim in Canada."

It's a clear penalty imposed on refugees for merely attempting to seek asylum, the judge said. "The penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA," McDonald wrote, citing "cruel and unusual detention conditions" upon returning to the U.S.

The agreement runs afoul of the Canadian constitution's promise of "life, liberty, and security of the person," the judge wrote. "Imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA."

The legal challenge was brought by citizens of El Salvador, Ethiopia and Syria, all of whom sought refugee protection in Canada. Some said they were fleeing gang violence, some persecution based on their gender. But because they arrived from the U.S. at an official port of entry, they couldn't make refugee claims — and were immediately returned to the U.S. and imprisoned for weeks or months.

Not going to lie, this is pretty embarrassing for the US.

[Sociopathicsteelerfan]

(07-28-2020, 06:18 PM)Belsnickel Wrote: https://www.npr.org/2020/07/23/894859694/u-s-canada-asylum-treaty-unconstitutional-judge-finds-citing-cruel-u-s-behavior


Not going to lie, this is pretty embarrassing for the US.

Or it's insanely hypocritical of Canada.  Their refugee and immigration process is an order of magnitude more strict than ours.  Hell, if you have a work permit and they revoke it the RCMP will be at your place of work that day to escort you out of the country. 

[Dill]

(07-28-2020, 06:18 PM)Belsnickel Wrote: https://www.npr.org/2020/07/23/894859694/u-s-canada-asylum-treaty-unconstitutional-judge-finds-citing-cruel-u-s-behavior

Not going to lie, this is pretty embarrassing for the US.

Refugees are returned to the U.S. "based on the understanding that they will have access to a fair refugee determination process," McDonald wrote. "However, the evidence demonstrates that the immediate consequence to ineligible STCA claimants is that they will be imprisoned solely for having attempted to make a refugee claim in Canada."


It's a clear penalty imposed on refugees for merely attempting to seek asylum, the judge said. "The penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA," McDonald wrote, citing "cruel and unusual detention conditions" upon returning to the U.S

Another cost of the Trump presidency, which is unlikely to be registered at all by the "anti-globalists."