Media Release: NDP reacts to the Supreme Court decision regarding the Safe Third Country Agreement (STCA)

“Today’s Supreme Court of Canada's decision regarding the Safe Third Country Agreement (STCA) is a partial victory for advocates for asylum seekers' rights.

The Canadian Council for Refugees, Amnesty International, Canadian Council of Churches and others challenged the Liberal government in the Supreme Court stating that the STCA violates Section 7, related to right to life, liberty and security of a person, and section 15, related to equality rights within the Canadian Charter of Rights and Freedoms.

In their decision, the Supreme Court of Canada stated that Section 15 on equality rights are just as important as every other human right and ruled that this challenge to the STCA should be sent back to the Federal Court for determination.

In particular, girls, women and 2SLGTBQIA+ people fearing gender-based persecution are adversely affected by the Safe Third Country Agreement. Even the government’s own lawyers acknowledged that the recent expansion of the STCA could increase the risks of human trafficking and sexual violence often disproportionately targeted at migrant women, girls, and 2SLGTBQIA+ people. They further noted that an urgent exemption for those faced with gender-based persecution is needed.

June 16th, 2023

NDP reacts to the Supreme Court decision regarding the Safe Third Country Agreement (STCA)

NDP critic for Immigration, Refugees and Citizenship Jenny Kwan issued the following statement:

“Today’s Supreme Court of Canada's decision regarding the Safe Third Country Agreement (STCA) is a partial victory for advocates for asylum seekers' rights.

The Canadian Council for Refugees, Amnesty International, Canadian Council of Churches and others challenged the Liberal government in the Supreme Court stating that the STCA violates Section 7, related to right to life, liberty and security of a person, and section 15, related to equality rights within the Canadian Charter of Rights and Freedoms.

In their decision, the Supreme Court of Canada stated that Section 15 on equality rights are just as important as every other human right and ruled that this challenge to the STCA should be sent back to the Federal Court for determination.

In particular, girls, women and 2SLGTBQIA+ people fearing gender-based persecution are adversely affected by the Safe Third Country Agreement. Even the government’s own lawyers acknowledged that the recent expansion of the STCA could increase the risks of human trafficking and sexual violence often disproportionately targeted at migrant women, girls, and 2SLGTBQIA+ people. They further noted that an urgent exemption for those faced with gender-based persecution is needed.

This is not new. In 2002, when the STCA was introduced, the United Nations High Commissioner for Refugees also recommended public policy exemptions for gender-based claims be adopted. Sadly, the Liberals failed to act.

I called on the Liberal government to do the right thing and exempt gender-based claims from the STCA to save lives. It was very disappointing that the minister did not even acknowledge the Supreme Court of Canada’s decision regarding equality rights enshrined in Section 15 of the Canadian Charter. This is appalling.

For years, the NDP, lawyers and human rights advocates have called for the suspension of the STCA. The Liberal government announced the expansion of the STCA beyond official ports of entry, to the entire length of the Canada-US border. This was done following secret negotiations with President Biden.

Refugees deserve a humane and safe process to enter Canada where their lives are not endangered.

In light of the Supreme Court’s decision today, the Liberals must act to protect women and 2SLGBTQIA+ individuals by implementing a gender-based public policy exemption in the STCA now.”

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