Canada\u0027s highest court has deemed the pact to control the flow of asylum seekers across the shared border to be constitutional.
“In my view, the record does not support the conclusion that the American detention regime is fundamentally unfair,” said the ruling written by Justice Nicholas Kasirer.
Before then, a loophole allowed asylum seekers who arrived between official points of entry along the land border, such as the one at Roxham Road in Quebec, to make claims in Canada, and have them processed, despite having arrived in the U.S. first.Article content The first challenge was successful, but was later overturned. A repeated attempt by the same group of organizations that began in 2017 saw the same outcome.
Detention and the consequences flowing from it are “inconsistent with the spirit and objective” of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the Charter, she wrote.
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