Federal Judge Says Safe Third Country Agreement Violates Canadian Constitution

A federal judge has ruled the Safe Third Country Agreement on refugees between Canada and the U.S. violates the Canadian constitution.

Federal Court Justice Ann Marie McDonald said Wednesday that elements of the agreement violate the constitutional guarantee of life, liberty and security.

Now Ottawa has six months to respond to what is a landmark decision.

The Safe Third Country Agreement, in place since 2004, means asylum seekers must make their refugee claim in the first 'safe' country to which they arrive.

In practice it means Canada can turn back potential refugee claimants who arrive at recognized land points of entry along the U.S. border, advising them to make their claims in the U.S.