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safe third country agreement

"Saved by the Valve:" Analysis and Takeaways from Canadian Council for Refugees v Canada

To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]

"Saved by the Valve:" Refugees and Concerns with the Safe Third Country Agreement

In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]

SCC to Revisit the Safe Third Country Agreement in Canadian Council For Refugees, et al. v Minister of Citizenship and Immigration, et al.

The Supreme Court of Canada (“SCC”) will revisit the applications of several unsuccessful refugee claimants when it hears Canadian Council for Refugees, et al. v Minister of Citizenship and Immigration, et al, SCC 39749. In doing so, they could make a powerful statement about Canada’s perception of the United States (“U.S.”) as a safe country […]

Federal Court Declares the STCA Unconstitutional

In July, the Federal Court released a long-awaited decision on the constitutionality of the Safe Third Country Agreement (“STCA”). Although the Federal Court (“FC”) found the STCA to be unconstitutional, the Canadian government has already filed an appeal to the Federal Court of Appeal (“FCA”), meaning that a final verdict on whether the STCA violates […]