REGARDING THE STCA: The Supreme Court of Canada (SCC) rendered its decision today regarding the constitutionality of the Safe Third Country Agreement (STCA). Just some clarity given what is being said in the media:

The SCC did NOT find that the STCA was constitutional nor did it find that the U.S. was safe for refugees. What the SCC said was that the agreement does not: “breach s. 7 of the Charter”. However, the challenge based on s. 15 of the Charter … should be remitted to the Federal Court.” [section 183 of the decision].

In other words, Section 15, which deals with the equality of rights, must also be taken into consideration before determining the constitutionality of the Safe Third Country Agreement. So, for now, the STCA remains in force while the question of Section 15 goes back to Federal Court.

There was also reference to the practices of the CBSA: “It may be that administrative actors, such as CBSA officers, acted unreasonably or unconstitutionally in their treatment of some returnees or in their interpretation of the legislative scheme, including its safety valves. … administrative decisions in this area call for “the most anxious scrutiny.” [section 164]

Yes, which is one of the reasons The House of Commons Standing Committee on Public Safety and National Security (SECU) is currently reviewing Bill C-20, a legislation that introduces a long overdue oversight mechanism for Canada Border Services Agency (CBSA).