Jaya Bordeleau-Cass and André Capretti are the 2019-2020 Public Interest Articling Fellows at Amnesty International Canada. They will be posting updates about the Safe Third Country Agreement hearing throughout the week.
The brief and frustrating answer: it’s unclear what it takes.
Submissions in the Safe Third Country Agreement (STCA) challenge continued to be delivered from November 4-8th at the Federal Court in Toronto. Earlier this week, counsel for the applicants – representing Amnesty International, the Canadian Council for Refugees and the Canadian Council of Churches, and other individual litigants – provided a general overview of the requirements for a safe third country designation, why it is unlawful, and why the operation of the agreement violates the security and equality rights of STCA returnees.