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Canada's federal court stands up to U.S. asylum abuses and rules the STCA unconstitutional

In 2002, the U.S. and Canada signed a "Safe Third Country Agreement" ("STCA") to unite in a shared approach towards asylum-seekers. In effect since 2004, any asylum-seeker given the opportunity to claim asylum in one country, can not thereafter seek asylum in the neighboring country. However, last month a Canadian federal judge ruled that the STCA is unconstitutional as violating Canada's Charter of Rights and Freedoms, because the United States is no longer a country to which Canada can send asylum-seekers and know they will be protected from being returned to persecution in their home country. The decision does not take effect for another six months. Meanwhile, the Canadian groups challenging the SCTA have asked Prime Minister Trudeau to implement the decision right away and not file an appeal. This is a developing situation.

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