Trudeau Liberals sued over policy of sending asylum seekers back to the US

A court filing Tuesday claims that handing over asylum-seekers to US authorities violates their Charter rights.

The Canadian Association of Refugee Lawyers filed legal action in Federal court Tuesday claiming that the policy of returning asylum-seekers back to the United States in the name of public health is a violation of their Charter rights. The association claims the policy instituted in March 2020 does not evaluate all the options and denies the asylum-seekers the right to a hearing.

The policy only applies to potential refugees who enter Canada between ports of entry. Canada has long held a Safe Third Country Agreement (STCA) that requires asylum claimants to stay in the United States as their application is being processed. Many of those who are sent back to the United States are held in Immigration detention centres like the one in Batavia, New York.

In total, 387 refugees have entered Canada between ports of entry and have been affected by the policy. The United States agrees to return “most” asylum-seekers back to Canada for proceedings but has already deported one would-be refugee back to their home country, according to Reuters.

Additionally, nine refugees out of the 387 have been granted an exception to the new policy and given a national interest letter by Immigration, Refugees and Citizenship Minister Marco Mendicino. Seven of those have come to Canada already and are currently working through the asylum process.

In a statement, the spokeswoman for Public Safety Minister Bill Blair said, "We are in an unprecedented global pandemic. The border is closed to all non-residents of Canada, with very few exceptions. ... At this time, people should not be travelling, unless it is absolutely necessary or for recognized essential purposes."