CBC: STCA Decision by SCC, Rally for Refugees
As previously reported on this site, Mr Clarke was invited to speak with the Rally for Refugees in Central Park. The event was well attended and covered by many media outlets. Many passionate speakers expressed their opinions and their frustration with the current laws and regulations in Canada. Over the past few years, we had significant hope when Justice MacDonald at the Federal Court of Canada (finally) recognized the Safe Third Country Agreement was in violation of the Canadian Charter of Rights. That hope faded when the Federal Court of Appeal reversed her decision. That hope was further faded when the Liberal government and the Biden administration negotiated, in secret, to extend the STCA to apply for all crossings, including irregular crossings. Finally, that hope has been further eroded by the recent decision of the SCC.
Mr Clarke has provided his legal analysis on the challenges facing refugees at many conferences and he has given many interviews on this topic over the years. There are challenges for them to enter Canada. There are challenges when they are trying to access the RPD. Increasingly, the Canadian government has been making laws to limit and/or restrict the number of refugees who can access the RPD.
“We’ve lost a battle, but we continue to fight the war”
At the rally in Winnipeg, Mr Clarke answered questions related to the recent decision by Canada’s highest court. As reported by CBC NEWS:
“This is an agreement between Canada and the United States, basically, to say you cannot shop, you can’t go refugee shopping for the best venue,” said Alastair Clarke, an immigration and refugee lawyer based in Winnipeg.
“If you go to the United States first, that’s where your claim should be heard, that’s where you need to file your claim and go through the system.”
Clarke said the Supreme Court held Friday that the agreement doesn’t violate Section 7 of the Charter of Rights and Freedoms, which protects an individual’s right to life, liberty and security of the person. If a refugee comes to Canada with an asylum claim in the U.S., unless they meet certain exceptions, they must have their claim heard in America.
“I strongly disagree with the court’s decision,” he said.
Abdikheir Ahmed is a member of the Immigration Matters in Canada Coalition, a group dedicated to defending the rights of all newcomers to Canada.
Ahmed said Monday’s rally also helped commemorate World Refugee Day, which falls on June 20. He added those in attendance still feel there’s an opportunity for the Canadian government to take a different approach when it comes to the rights of refugees.
“We believe that there is an opportunity for the Government of Canada to adopt a rights-based approach to people who are undocumented,” he said.
Clarke said there’s still hope in the fight against the Safe Third Country Agreement.
He pointed to the fact that while the Supreme Court held the agreement doesn’t violate Section 7 of the Charter, it sent the decision back down to Federal Court to hear arguments relating to Section 15, which guarantees equality under the law.
“We’ve lost a battle, but we continue to fight the war,” he said.
Indeed, as correctly reported by CBC News, CIL will continue to fight for the rights of refugees.
