Canada Has Options

In keeping with the objectives of the Safe Third Country Agreement, the logical step would be to instruct border guards to transfer to the Lacolle Port of Entry all claimants they arrest at Roxham Road.
In keeping with the objectives of the Safe Third Country Agreement, the logical step would be to instruct border guards to transfer to the Lacolle Port of Entry all claimants they arrest at Roxham Road.

All reasonable Canadians would agree that foreigners claiming refugee status at the land border should be treated fairly. That these migrants are arriving from the only country considered “safe” by Canadian law obviously influences what constitutes “fair” treatment in this case. The designation of the United States as a “safe third country” has profound consequences in determining Canada’s exact obligations. Unfortunately, this aspect of the current border situation has been misrepresented by immigration minister Ahmed Hussen and senior bureaucrats who insist the Charter of Rights and Freedoms automatically grants a hearing to refugee claimants. Canadians are understandably confused by the government’s border policy because it is being justified on the basis of an inaccurate legal claim.

Anyone who reads the Charter will see that it does not mention anything about hearings for refugee claimants. Any such right would have to be included indirectly to avoid a potential violation of the Charter’s protection of “life, liberty and security” (section 7). The Supreme Court dealt with this issue in its landmark 1985 Singh ruling and it established several principles relevant to the current situation.

While refugee claimants are covered by the Charter as soon as they arrive at the Canadian border, the court explained that “procedural fairness may demand different things in different contexts.” Contrary to what has been assumed generally by the legal community, the country’s highest court did not stipulate that all refugee claimants have a right to a hearing once they are on Canadian soil. At Quebec’s Lacolle Port of Entry, for example, “due process” currently means immediate return to the U.S. in accordance with the Safe Third Country Agreement.

[Interesting Read]

See Also:

(1) ‘Diversity’ just became an election issue, whether we like it or not

(2) Bernier takes aim at Conservative leadership as party announces tour to consult on immigration issues

(3) Maxime Bernier appears to have grassroots support for remaining in Tory caucus

(4) Bernier Shares His Thoughts After Poll Shows Rising Opposition To Trudeau’s Immigration Policy

(5) Trudeau plays the race card against Scheer

(6) Secrecy and lack of info follows security incident at Parliament Hill

(7) Carbon tax a no-win for the PM

(8) Trudeau only listens if you agree with him

(9) Three Top Cops Don’t Support Banning Guns From Lawful Owners

(10) Omar Khadr, just another tourist wandering Senate hallways?

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Re: The sidebar article ‘Canada’s backlogged asylum system is ‘not sustainable,’ immigration minister says in leaked letter’ So at least according to this news report our ‘Diversity is our Strength’ Somalian Canadian Immigration Minister (who according to Wikipedia arrived in Canada after enduring the rigorous background vetting process of his parents deciding they wanted him here so they bought him a plane ticket to Toronto) has little if any concern for the numbers of foreign illegals… er sorry,,, irregulars invading our country from either a national security OR a financial ability perspective. His ONLY concern is that the system cannot… Read more »