Winnipeg rally calls for end of Safe Third Country Agreement following Supreme Court decision

Seidu Mohammed, originally from Ghana, knows the difficulties of being a refugee.

He crossed into Canada in December 2016 and had to make what he called an irregular border crossing because the Safe Third Country Agreement — a pact between Canada and the U.S. that allows refugees to be sent back to America — didn't let him go to the border and seek asylum, he said.

During his entry into Canada, Mohammed experienced severe frostbite and eventually needed to have all of his fingers amputated. Mohammed was one of dozens at Winnipeg's Central Park Monday who rallied to challenge the agreement, which was upheld by the Supreme Court last week.

"Refugees aren't being protected when they come here," said Mohammed. "And when they want to seek asylum here, they are not given the same chance." 

The Supreme Court of Canada ruled unanimously Friday to uphold the Safe Third Country Agreement, which was first signed in 2004 and stipulates asylum seekers have to make their claim in the first country they reach.

Refugee claimants arriving at an official land port of entry in Canada who had tried to enter the country through the U.S. are deemed ineligible for refugee protection under the agreement. 

Lawyer disagrees with decision

"This is an agreement between Canada and the United States, basically, to say you cannot shop, you can't go refugee shopping for the best venue," said Alastair Clarke, an immigration and refugee lawyer based in Winnipeg.

"If you go to the United States first, that's where your claim should be heard, that's where you need to file your claim and go through the system."

Clarke said the Supreme Court held Friday that the agreement doesn't violate Section 7 of the Charter of Rights and Freedoms, which protects an individual's right to life, liberty and security of the person. If a refugee comes to Canada with an asylum claim in the U.S., unless they meet certain exceptions, they must have their claim heard in America. 

He also referred to an amendment of the agreement from this past March, in which the pact was expanded to cover Canada's entire land border. This closed a loophole for refugees looking to make asylum claims at unofficial points of entry. 

"I strongly disagree with the court's decision," he said. 

Abdikheir Ahmed is a member of the Immigration Matters in Canada Coalition, a group dedicated to defending the rights of all newcomers to Canada. 

Ahmed said Monday's rally also helped commemorate World Refugee Day, which falls on June 20. He added those in attendance still feel there's an opportunity for the Canadian government to take a different approach when it comes to the rights of refugees. 

"We believe that there is an opportunity for the Government of Canada to adopt a rights-based approach to people who are undocumented," he said.

Clarke said there's still hope in the fight against the Safe Third Country Agreement. 

He pointed to the fact that while the Supreme Court held the agreement doesn't violate Section 7 of the Charter, it sent the decision back down to Federal Court to hear arguments relating to Section 15, which guarantees equality under the law. 

"We've lost a battle, but we continue to fight the war," he said.