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January 18, 2008 The following is a statement from the Canadian Council for Refugees following the formal striking down of the Safe Third Country Agreement with the United States on the basis that Canada failed to ensure that the U.S. government respects international rules governing torture and refugee rights. The agreement was a cornerstone of the Smart Border Declaration between Canada and the United States. Comment from Canadian Council for Refugees The Federal Court has just issued its order quashing the designation of the US as a safe third country, following the reasons for judgment issued at the end of November. The judge has ruled that the order does not take effect until 1 February. This is to allow the government time to ask the Federal Court of Appeal to stay the order while they appeal the case. So whether safe third country is still in effect on 1 February will depend on the decision of the Federal Court of Appeal. It is important to advise people who may be wanting to make a claim that they should not count on safe third country not being in effect after 1 February. They need to see what happens with the government's application for a stay. The final order is now available on the Federal Court website.
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