EMBARGOED UNTIL 4 A.M. EST ON 9 NOVEMBER 2026: Historic legal challenge against Canada-U.S. refugee pact goes to court in Toronto this week

 

Hearings commence Monday in a constitutional challenge to Canada’s inhumane practice of sending most refugees crossing the border into our country back to the United States — where they face abusive detention at the hands of ICE and other enforcement agencies and deportation to countries from which they had fled.

 

The plaintiffs in the case include Amnesty International Canada, the Canadian Council for Refugees (CCR), and The Canadian Council for Churches, along with former refugee claimants whose human rights were infringed because of Canada’s Safe Third Country Agreement (STCA) with the United States. Collectively, they will argue that Canada’s participation in the agreement unfairly discriminates against racialized women, LGBTQI+ people, and children and thus violates equality rights enshrined under Section 15 of the Canadian Charter of Rights and Freedoms.

 

“The United States is not a safe place for migrants and refugees, particularly those who are racialized women, children, or LGBTQI+ people,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “The practice of sending some of the most vulnerable people in society back to the U.S. — right into the hands of ICE — is unjust and un-Canadian. And we are in court today to make it stop.”

 

Under the STCA, most refugee claimants who arrive at the U.S.-Canada land and water border seeking protection in Canada are denied entry and turned back to the U.S. First implemented two decades ago, the agreement is based on the false premise that both countries reliably respect people’s right to seek asylum.

 

“The evidence we present in this case, and the horrors of ICE that Canadians can see unfolding on their news screens, make it clear that the U.S. asylum system is broken and dangerous — particularly for racialized women, children, and LGBTQIA+ refugees,” said CCR President Asma Faizi. “Since the Canadian government is not acting on what is plain for all to see, we are asking the court to strike down the designation of the U.S. as a safe country for refugees.”

 

Janet Anstead, General Secretary of The Canadian Council of Churches, said: “The member churches of The Canadian Council of Churches are united in their commitment to the understanding that each person bears the image of our Creator and thus each and every person deserves dignity, respect, compassion, and peace. The treatment of individuals, especially the most vulnerable, under the U.S. asylum system is antithetical to our core Christian values. We are grateful to stand in solidarity with Amnesty International Canada and the Canadian Council for Refugees as we insist that Canada stay true to its ideals as enshrined in the Charter of Rights and Freedoms.”

 

In 2023, at an earlier stage in this legal challenge, the Supreme Court of Canada sent constitutional questions about the agreement’s compliance under s. 15 of the Charter back to the Federal Court for consideration.

 

Amnesty International Canada and the Canadian Council for Refugees are involved in an additional court case regarding the implementation of the STCA at the border. In this separate case, announced in June, the organizations argue that Canada has failed to make available constitutionally required “safety valves” that would stop deportation to the U.S. if a person was at risk of unfair detention or refoulement.

 

The practical effect is that, under the STCA, Canada is sending refugee claimants back to the U.S., where they face detention in inhumane conditions at the hands of ICE and deportation into danger in their countries of origin. This was true before U.S. President Donald Trump re-assumed office in January 2025. However, the human rights risks have skyrocketed since his administration embarked on a racist campaign of mass detention and deportation, in defiance of international law, on a scale unprecedented in modern American history. Widespread human rights violations documented by Amnesty International have led the movement’s global leadership to call for, among other urgently needed changes, the abolition of ICE.

 

Representing the three organizations in Federal Court are lawyers Kate Webster, Heather Neufeld, and Nadia Nadeem, with Prasanna Balasundaram and Jared Will representing the individual applicants.

 

“We are immensely grateful to our counsel team for devoting their time and talent to protect women, children, and LGBTQI+ people whose rights hang in the balance,” Faizi said.

 

For more information, or to arrange an interview, please contact:

• Cory Ruf, Media Officer, Amnesty International Canadian Section (English-Speaking), media@amnesty.ca, +1-647-269-1795
• Freddy Louissaint, Communications Director, Canadian Council for Refugees media@ccrweb.ca, +1-263-381-3974
• Rev. Janet Anstead, General Secretary, The Canadian Council of Churches, anstead@councilofchurches.ca, +1-226-268-2003