The United States and Canada have an agreement providing that people applying for refugee status must seek asylum in the first country they reach.  That agreement, the Safe Third Country Agreement, was challenged in court by the Canadian Council for Refugees, and Federal Judge Michael Phelan ruled for the Council.

Phelan pointed out that the U.S. is not in compliance with international refugee conventions and ignores dangers that claimants face if returned to their home countries.  He cited the case of Maher Arar, a Canadian who was shipped to Syria where he was tortured.  As a result of American failure to comply with its obligations under these conventions, Phelan said that returning refugee claimants to the United States would constitute a violation of Canada’s Charter of Rights and Freedoms. It is expected that this ruling will lead to a substantial increase in refugee claims in Canada.  However, the Canadian government may appeal the decision.