Northern Light
Superstar
The judge pretty much is deciding which country is safe or unsafe for a person to send a refugee from.
A decision like that should remain a political based decision from politicians.
Huh?
No, that's not what the judge is doing.
The judge is doing their job.
They are asked by a litigant to consider whether or not the agreement is constitutional; whether it violates the Charter.
That's exactly the job of judges.
The judge wasn't asked to rule broadly on the safety of the United States; nor any other country.
Nor were they asked to make policy on who a legal immigrant or refugee is..........
Canada has a Charter which includes multiple rights.
Once your at Canada's door; Canada may owe a Charter obligation in how we handle your case.
We are not obliged to take you in as a refugee or an immigrant, and the judgement didn't change that.
What the judgement did was strike down a treaty that, in effect unilaterally says 'The U.S. will give you a fair hearing, so you're not our problem'.
The judge concluded, that in light of current U.S. policies and actions concerning immigrants and refugees it was not reasonable to Automatically assume someone would get a fair hearing.
Therefore, you can't automatically refuse entry/application here.
The judgement only says you have the right to ask to stay here; without being summarily dismissed.
This is not radical law.
It also may or may not be upheld, subject to appeal.
The decision was also stayed (delayed from going into effect) for six months to avoid causing chaos, and to give the government time to address the issue.
That seems fairly moderate and responsible.
Not extreme or political.
The decision as to what the criteria are for admission remains political.
The judge has only granted people access to that process.
The July 22 ruling stated that the act of sending people back to the U.S., where they were at risk of imprisonment, violated their rights to life, liberty, and security. The Canadian Charter of Rights and Freedoms applies to anyone who physically enters Canada, including people who are coming to make a refugee claim.
From: https://www.cicnews.com/2020/07/u-s...try-canada-court-rules-0715120.html#gs.by90zw