Judge strikes down law limiting refugee claims
CBC News
Last Updated: Friday, January 18, 2008 | 9:25 AM ET
Ottawa is appealing a court ruling that has the potential to significantly increase the number of people making refugee claims in Canada.
On Thursday, a Federal Court judge struck down the contentious Safe Third Country Agreement between Canada and the United States.
The agreement, which came into force in 2004, requires would-be refugees to make their claims in the first of the two countries in which they land. That has prevented claimants from landing in the U.S. and crossing the border to make an application in Canada, significantly reducing the number of claimants.
Citizenship and Immigration Canada said the number of claims filed at its land border offices in the U.S. dropped by 40 per cent in the year after the change.
Under this agreement, the U.S. is considered a safe third country. But in November, Justice Michael Phelan found the U.S. does not meet international requirements for protecting refugees or conventions against torture.
On Thursday, the judge went a step further, ruling the agreement would end on Feb. 1. But Citizenship and Immigration Canada spokeswoman Karen Shadd-Evelyn says the government will appeal, seeking a stay of the judge's decision until a higher court settles the issue.
When the agreement was put in place, the government said the aim was to end “asylum shopping.”
But the Canadian Council for Refugees, the Canadian Council of Churches, Amnesty International and a Colombian asylum seeker living in the U.S. filed a lawsuit against the agreement in Federal Court. The groups cited Maher Arar's deportation to Syria and subsequent torture as an illustration of the treatment refugees could face from U.S. authorities in the post-Sept. 11 era.
“Unfortunately the Canadian government, like many governments, is looking for ways to reduce the number of refugees that claim protection here,” Janet Dench, executive director of the Canadian Council for Refugees, told CBC News.
Canadian Newspaper and Magazine Articles (Some British articles are included)
January 2008
January 18, 2008: Judge Strikes Down Law Limiting Refugee Claims
January 18, 2008: Cross-Dresser Gets Second Shot At Refuge
January 16, 2008: Refugee Concerns Behind Travel Status Delay: China
January 12, 2008: Help On Way For Illegal Workers?
January 11, 2008: Toronto's “Road To Health” Report On Schools Is Flawed**
January 11, 2008: Illness Does Not A Refugee Make**
January 11, 2008: In Search Of The 'Reasonable'
January 11, 2008: Arrested At Funeral Home, Gang Member To Be Deported
January 10, 2008: Singh Case Tests Border Agency's Strength**
January 9, 2008: Feds Looking Into Fake Refugee Claims From Mexicans Working In Toronto
January 5, 2008: Travel Document Class-Action Suit Jumps First Hurdle
January 4, 2008: Court Gives Go Ahead For Immigration Class-Action Lawsuit
January 2, 2008: Canada Readies To Give U.S. Deserters Refuge
January 2, 2008: Canada Affected By Human Trafficking
December 2007
December 27, 2007: Ottawa Criticized For Charging Refugees For Flights
December 26, 2007: Bilingualism Goal 'Probably' Won't Be Met: Lord
December 22, 2007: Churches Come Tumbling Down**
December 20, 2007: Canada Makes It Easier For Children Adopted Overseas To Become Canadian Citizens
December 19, 2007: Apostle Of Mayhem
December 19, 2007: Saskatchewan Fastest Growing Province As Canadian Population Passes 33 Million
December 19, 2007: Why We Should Count Canadians Abroad
December 18, 2007: Alleged Remark Stirs Ire Of B.C. Delegation
December 17, 2007: Protestors Fail To Support Disabled Refugee Claimant
December 14, 2007: Feel Like A Sucker? Flawed Refugee System Leaves Canadians With Little Confidence
December 13, 2007: Let Singh's Supporters Set Him Up Financially–In India
December 13, 2007: Mulcair Wades Into The Accommodation Debate
December 12, 2007: Terror Group Founder Rallying Behind Paralyzed Refugee Claimant
December 11, 2007: Globe's Marina Jiminez On Future Of Multiculturalism
December 6, 2007: Province Withholding More Documents On N. S. Immigrant File**
December 6, 2007: Political Parties Clash Over How To Attract Immigrants
December 5, 2007: More Quebec Immigrants Speaking French
December 5, 2007: Ministry, School Board In Conflict Over Refugees
December 5, 2007: A Minority On The Island
December 5, 2007: French Still An Abstraction In Much Of Canada**
December 4, 2007: French Decline Bad News For Quebec, Group Says**
December 4, 2007: Flood Of Immigrants Straining Canadian Cities**
December 4, 2007: Flood Of Mexicans Delays Other Refuge-Seekers
December 4, 2007: Environment Report Says Urban Sprawl Strangling Southern Ontario**
December 4, 2007: 86% Of Immigrants Go To Three Provinces
December 4, 2007: Asia, Mideast Immigrants Take Lead In Canada: Census
December 4, 2007: Canada's Foreign-Born Population At 75-Year Peak
December 2, 2007: Immigration Numbers To Be Put Under Microscope
NOVEMBER 2007
November 29, 2007: Alleged Human Smugglers Arrested By The RCMP In Two Separate Cases
November 29, 2007: 11 Indicted On Human Smuggling Charges
November 29, 2007: Federal Court Strikes Down Third-Country Refugee Agreement**
November 29, 2007: Foreign Workers Exploited, Says Alberta Federation Of Labour
November 29, 2007: Immigrants Would Be Easier To Absorb In A Sovereign Quebec
November 27, 2007: We're Afraid To Say No: Teachers**
November 27, 2007: Bogus OECS (Organization of Eastern Caribbean States) Refugees In Canada
November 27, 2007: Gov't Misled Nova Scotians On Immigration Fees
November 23, 2007: Muslims Worry About 'Tarnished' Image
November 21, 2007: Accommodation Road Show Rolls Into Montreal
November 21, 2007: McGuinty Gov't Calls On Ottawa To Meet Its Commitments To Newcomers
November 21, 2007: Minister Passing Buck On Immigration Audit
November 20, 2007: Visiting Cubans Defect
November 20, 2007: Mother Denies Son Had Wife
November 19, 2007: Compounding Immigration Mess
November 18, 2007: Arctic In Peril –Who's Guarding Our Back Door?
November 16, 2007: Canada Rebuffs 2 U.S. Deserters
November 15, 2007: Bouchard, Taylor To Address The Media
November 14, 2007: Where Does Metro Grow From Here?**
November 14, 2007: “You'll Get The Country You Deserve.” **
November 12, 2007: Herouxville's Open Letter To Stephen Harper
November 12, 2007: Secret Evidence Allowed In Deportation Cases
November 12, 2007: Ottawa Population To Hit 1.13 Million By 2031
November 12, 2007: Filipino Linemen Fill Calgary Jobs
November 10, 2007: Florida Ends Shuttling Of Refugees To Canada**
November 8, 2007: Multiculturalism Losing Ground In Canada
November 7, 2007: Quebec Doesn't Need Reasonable Accommodation Debate: Harper
November 7, 2007: Why Microsoft Loves Richmond, B.C.**
November 7, 2007: Controversial Ship Allowed To Leave N.B. Port
November 6, 2007: Motion To Ask For Refugee Help
November 6, 2007: War Brides' Status Iffy
November 3, 2007: 2007 Annual Report To Parliament On Immigration
November 3, 2007: Tories Choose Expediency Over Canada
November 2, 2007: Sri Lankan With History Of Violence Gets To Stay In Canada
November 2, 2007: Canada Set To Boost 'Family' Immigrants
November 2, 2007: Mexican Envoy On Labour Mission
OCTOBER 2007
October 31, 2007: Canada Lifts Requirement For Czech, Latvia Republics
October 30, 2007: Canada's Border Porous Despite Boost In Technology, Auditor Finds
October 30, 2007: Quebec Frets About Its French Language, Culture
October 30, 2007: Montreal A Threat To Survival Of French: Lawyer
October 29, 2007: Job Program Fuels Fraud Fears
October 27, 2007: Scandal Too Hot For Government To Handle
October 27, 2007: Border Towns Face Security Crackdown
October 26, 2007: Visa Fraud In Punjab
October 26, 2007: Nova Scotia Immigration Officials Grilled Over Business Mentoring Program
October 26, 2007: U.S. Official Says Idea Of Security Fence At Canadian Border Isn't Dead
October 24, 2007: Herouxville Councillor Among Friends At Meeting
October 24, 2007: Quebec Town Defends Controversial 'Code Of Life' For Immigrants
October 20, 2007: Canadians Want Illegal Immigrants Deported
October 20, 2007: Brokers Pressured Immigrants To Take Unhelpful Mentorships: Lawyer
October 19, 2007: Deny Quebec Citizenship To New Immigrants Who Don't Learn French: P.Q.
October 18, 2007: Nova Scotia Minister Defends $60 Million Immigration Boondoggle
October 18, 2007: Florida Ads Aimed To Stop Refugee Flow
October 18, 2007: Foreign Student Jailed For Document Deception
October 18, 2007: Imam Giving Up His Bid To Stay, Lawyer Says
October 17, 2007: Phoney Nannies Scheming Their Way Into Canada
October 17, 2007: Multiculturalism Under The Microscope
October 17, 2007: Officials Arrest 43 Asylum Seekers Near Quebec-Vermont Border
October 16, 2007: Tories Target Specific Ethnic Voters
October 16, 2007: “Dancing Santa” Loses Plea To Stay
October 16, 2007: Supporters Of Disabled Man To Present Anti-Deportation Petition And Hold Rally
October 15, 2007: Commission To Look Into Quebec's Future
October 15, 2007: Cold Realities Greet Mexican Immigrants
October 15, 2007: Health Care A Hidden Cost, Immigrant Families Learn
October 14, 2007: “Phantom” Residents To Lose Status
October 11, 2007: UN Upbraids Canada For Sending Claimants Back To U.S.
October 11, 2007: Worker Shortage Leaves Crops To Rot
October 11, 2007: Employers Urged To Think Ahead
October 8, 2007: Miscommunications Led To Arrest, American Refugee Advocate Says
October 6, 2007: Giving Peace A Chance In Muslim Suburbia
October 6, 2007: Giving Peace A Chance In Muslim Suburbia
October 5, 2007: Toronto Mayor Warns City Can't Handle Refugee Influx
October 1, 2007: McGuinty Has Cash For Immigration: MP
SEPTEMBER, 2007
September 29, 2007: Woman Charged With Human Smuggling In Quebec
September 28, 2007: Day Promises “Consequences” For Illegal Refugees
September 27, 2007: Stop Bogus Refugees Before They Get In
September 24, 2007: Mexican Consul Defends Country As Refugee Seekers Flock To Canada
September 24, 2007: New Rules Speed Foreign Workers To Alberta
September 22, 2007: Windsor Braces For Refugee Tide
September 21, 2007: A Submission To The Bouchard-Taylor “Commission On Reasonable Accommodation”
September 21, 2007: Illegal Immigrants Chase False Hope To Canada
September 21, 2007: Tamil 'Front' Alleged To Have Funneled Cash
September 21, 2007: Wiretaps Snared Money Man
September 21, 2007: For Hezbollah, Cheap Smokes And False Viagra
September 18, 2007: Chinese Smuggling Kingpin Wins As Canada Drops Deportation Appeal
September 13, 2007: Nurse Who Can't Speak Hindi, Punjabi Denied Job Interview
September 13, 2007: Canada A Haven For Villains
September 11, 2007: Immigrant Unemployment Most Acute In Quebec
September 6, 2007: Canada Is Far Too Accommodating
September 6, 2007: Sharp Drop In International Adoptions By Canadians Last Year
September 5, 2007: Canada Clears Genocide Suspect
AUGUST 2007
August 30, 2007: Five Genocide Suspects May Be Hiding In Canada
August 25, 2007: Forum Sheds Light On Quebec Youth
August 24, 2007: It Was The Law That Saved Canada
August 16, 2007: Strippers Dress Down Ottawa Over New Rules
August 16, 2007: Canada Looks To Mexico For More Workers
August 15, 2007: Quebeckers' Insecurity Said To Fuel Backlash Against Immigrants
HISTORICALLY SIGNIFICANT IMMIGRATION ARTICLES
October 24, 1990: McDougall Wins Battle To Increase Immigration
