Federal Court Hears Challenge to Safe Third Country Deal
Litigants argue the Canada-U.S. agreement breaches Canada's Charter of Rights and Freedoms.
Updated on Nov. 13, 2026 in Immigration
Live Poll
Should Canada keep returning asylum seekers to the United States under the agreement?
Litigants sued the federal government over the Canada-U.S. Safe Third Country Agreement, which returns certain refugee claimants to the United States and denies them access to protection in Canada. The Federal Court heard the claim this week.
Why it matters
Litigants argue the agreement disproportionately harms women fleeing gender-based persecution, children and LGBTQ refugee claimants. The outcome could determine whether the agreement's treatment of refugee claimants is consistent with the Charter of Rights and Freedoms across Canada.
The challenge is a legal proceeding before the Federal Court, not a legislative vote or policy change. The court has not issued a ruling, and the extraction does not report a decision date.
The players
Federal Court of Canada
The Federal Court of Canada is the national court that hears judicial review and certain constitutional challenges against federal government actions.
The details
The agreement returns refugee claimants to the United States, where they become subject to U.S. asylum and detention systems. Litigants argue this breaches Canada's Charter of Rights and Freedoms, and they name Ottawa as the defendant.
Timeline
November 13, 2026: Federal Court hearing on the Safe Third Country Agreement reported.
Political Context
Litigants are pressing a substantive Charter argument that the agreement's return of refugee claimants to the United States denies them protection and falls hardest on women fleeing gender-based persecution, children and LGBTQ claimants. The case tests whether Ottawa's reliance on the agreement can be reconciled with those constitutional protections.
If the court finds the agreement unconstitutional, refugee claimants arriving at the Canada-U.S. border could face different procedures than they do now. Until a ruling is issued, the agreement's current terms remain in effect for affected claimants.
The takeaway
Refugee claimants affected by the agreement should monitor the Federal Court's eventual ruling, since it could change where and how their claims are heard. Readers can track the case through the court's public docket.
Further reading
For more background on how these rules are applied, see the Immigration section.
Source note: This article includes information reported by St. Catharines Standard.
Live Poll
Should Canada keep returning asylum seekers to the United States under the agreement?
