Canadian group hopes to fight treatment of refugees at Supreme Court

Social Justice News
September 2, 2008

Canadian group hopes to fight treatment of refugees at Supreme Court
By Michael Swan Catholic News Service

TORONTO (CNS) -- A coalition of religious and nongovernmental organizations has been trying to challenge the U.S. and Canada Safe Third-Country Agreement and hopes to go to the Supreme Court of Canada to fight the case.

As of Aug. 26, Canada's highest court had not decided whether it will hear the case compiled by the Canadian Council of Churches, Amnesty International and the Canadian Council for Refugees.

Last year the coalition initially won a ruling from the Federal Court of Canada, which struck down Canada's agreement with the United States. The agreement says that refugees from around the world cannot pass through the United States and apply for refugee status in Canada. Justice Michael Phelan said the treaty was illegal because the United States deports people back to war and torture while denying their right to file a refugee claim.

The Federal Court of Appeal overturned that decision June 27, ruling that it is not within the Federal Court's authority to decide if the United States is a safe country for refugees. The appeal court also said the coalition had no standing to appeal and that only a rejected refugee could make such a case.

The Rev. Karen Hamilton, general secretary of the Canadian Council of Churches -- of which the Canadian Conference of Catholic Bishops is a member -- denounced the appeal court decision, saying it is shocking that the court would rule based on procedure while ignoring what refugees face in the United States.

"This is not good. It's not a good decision in our minds for sure," she said.

A spokeswoman for the Canadian Council for Refugees said her organization, if given the chance, would tell the Supreme Court justices about a couple from Honduras who made it to the Canadian-U.S. border in early 2006. The man was sent back to the United States while his pregnant wife was allowed to cross into Canada and make a successful refugee claim. In the United States the man immediately was jailed and deported before he could file a refugee claim. Two months later he was killed by the criminal gang he had told officials was threatening his life.

"He would have been accepted had he been allowed to enter (Canada), but instead he's dead and his son will never know his father," said Janet Dench, executive director of the refugees' council.

Liz McWeeny, president of the council and coordinator of the refugee sponsorship program for the Diocese of Thunder Bay, Ontario, said: "It's not clear that the U.S. is a safe third (country). Many of us would say it is not a safe country for all refugees. Until it is a safe country for all refugees, Canada should not be a party to the abuse of human rights that takes place there."

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