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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In the morning of August 31, Egyptian journalist Hossam el-Hamalawy received an email from Immigration, Refugees and Citizenship Canada (IRCC), informing him that it had made a “u-turn” and reversed its decision to deny him entry to Canada.

The reversal came in response to a coordinated solidarity campaign that successfully pressured IRCC, Canada’s department of immigration, to change course.

Almost two weeks earlier, on August 18, IRCC rejected el-Hamalawy’s application for an Electronic Travel Authorization (eTA), which is required for German citizens to visit Canada. An Egyptian exile and refugee, el-Hamalawy resides in Berlin and has German citizenship. His eTA application was to attend two public speaking engagements in September at Simon Fraser University in British Columbia, Canada.

IRCC initially rejected el-Hamalawy’s eTA application after requesting three times that he provide official documents from the Egyptian government that corroborate his experience of detention and torture under the regime.

In Toronto, the Executive Director of REDWORD.ca, Mostafa Al-A’sar, prepared an open letter to Minister Diab signed by prominent labour leaders, journalists, and human rights activists, including Mostafa Fouad, Executive Director of HuMENA for Human Rights; Ehab Lotayef, founding member of Egyptian Canadian Coalition for Democracy; Judy Rebick, feminist and journalist; and Sid Ryan, former President of the Ontario Federation of Labour.

Other activists launched an email campaign, which encouraged supporters to send letters to Minister Diab and her Parliamentary Secretary, Liberal Member of Parliament Peter Fragiskatos (London Centre), as well as their own Members of Parliament. Letters were sent from across Canada, including Halifax, Nova Scotia (Diab’s home riding) and London, Ontario (Fragiskatos’s home riding). Activists in the United States, Britain, and Europe also shared the email appeal.

In addition to the appeal, activists organized two emergency phone actions, which delivered over 200 voicemail messages to Diab, Fragiskatos, and dozens of Members of Parliament.

Finally, on August 31, Jenny Kwan shared her own open letter to the Minister, which echoed all the demands of the solidarity campaign.

*Click image or link to read the article - https://springmag.ca/international-solidarity-works-hossam-el-hamalawy-wins-entry-to-canada

My open letter to Immigration Minister Lena Diab requesting urgent intervention to facilitate entry into Canada for Hossam el-Hamalawy.  

Mr. el-Hamalawy is an award-winning Egyptian journalist, scholar, and human rights advocate who fled persecution in Egypt and is now a German citizen living in exile. He was invited by faculty at Simon Fraser University (SFU) to give two academic lectures this September. However, IRCC denied his Electronic Travel Authorization (eTA) after demanding documentation from the very Egyptian authorities responsible for his past detention and persecution—putting him in an impossible and unsafe position.  

It is deeply problematic to expect political exiles to seek papers from the regime they fled. Canada must stand up for human rights, academic freedom, and freedom of the press. I am calling on Minister Diab to use her discretion and immediately reconsider this decision so Mr. el-Hamalawy can share his scholarship at SFU.  

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