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The year began and ended with significant blows to refugees, delivered by Canada’s institutions. In February, the Supreme Court of Canada refused to hear an appeal of the safe third country legal challenge, leaving in place the lower court ruling that allowed the government to send refugees back to the US whether or not that country is safe. The Federal Court of Appeal had ruled that the fact “that the US does not ‘actually’ comply [with its obligations to refugees] is irrelevant.
In December, the House of Commons defeated at third reading a bill to force implementation of the Refugee Appeal Division. Refugee claimants in Canada have been denied the appeal that Parliament granted them in the 2001 Immigration and Refugee Protection Act. As a result refugees’ fate will continue to be determined by a single decision maker, without appeal on the merits to correct errors.
For more information
Media release, Supreme Court denial of leave on safe third regretted, 5 February 2009
Blog, Parliament denies refugees appeal on the merits, 11 December 2009