Loophole in Canada/US Safe 3rd Country Agreement: Notice of Application


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CLICK HERE, for the final text of S3CA.
CLICK HERE, for article which explains what the loophole in the S3CA is.
CLICK HERE, for previous article, on closing the loophole.

Note: Service had been attempted a few weeks back via a “Notice of Motion” to extend time to file a challenge to the Canada/US Safe 3rd Country Agreement. However, the Department of Justice refused (yes refused) to accept it. So after some thought, this is how it will be done: Not seek to modify the agreement itself, but ask to get it enforced as it should have been. Different tactic, same end goal.

TO THE RESPONDENT:
A PROCEEDING HAS BEEN COMMENCED by the applicant. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at Calgary Federal Court.

IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must prepare a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the applicant's solicitor, or where the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application.

Copies of the Federal Courts Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

APPLICATION

This is an application for judicial review in respect of Approximately 40,000 economic migrants (fake refugees), have crossed the border into Canada claiming asylum. They are taking advantage of a loophole in the Canada/US Safe 3rd Country Agreement, which only covers official ports of entry. However, no one could REASONABLY believe that this is how the agreement was intended when it was drafted.

The applicant makes application for:

(a) To issue a permanent, binding injunction against the Federal Government letting economic migrants (fake refugees) who enter Canada from the United States (via Roxham Rd. and elsewhere), make asylum claims in Canada.

(b) To find that the S3CA “meant” that refugees couldn’t land in one country and hop to the other, that they have to file for asylum in the first country they arrive in. The agreement means Canada and the US view each other as “safe countries”.

(c) To find that the agreement should apply across the ENTIRE Canada/US border, and that “Official Port of Entry” limitation is just poor wording.

(d) To find that not honouring the spirit and principles of the Canada/US Safe 3rd Country violates the intent of that Agreement.

Alternatively an order that:

(e) If the Government of Canada chooses not to participate in good faith in the Safe 3rd Country Agreement, that an act of parliament is required to withdraw from it.

(f) If the Government of Canada chooses to alter the terms of the Safe 3rd Country Agreement, that it must renegotiate with the United States.

The grounds for the application are:

  1. First: Does allowing illegal economic migrants entering from the US to claim asylum violate the spirit and principle of the Canada/US Safe Third Country Agreement, provided they circumvent official border checkpoints? This treaty was signed in 2002 by bth parties. Should it be honoured as it was reasonably intended to be?

  2. Second: Does allowing illegal economic migrants (fake refugees), into Canada end up violating US immigration regulations? These migrants would be travelling to the US on tourist visas, with the intention of coming to Canada to claim asylum. Bear in mind, the Court is not being asked to make a ruling that would impact US laws.

  3. Third: Does allowing large numbers of unscreened, unvetted, illegal economic migrants (fake refugees), into Canada under false pretenses violate Section 7 of the Charter, which guarantees security of the person?

  4. Fourth: Does allowing illegal economic migrants (fake refugees) to come across the Canada/US border violate Sections 91 and 92 of the Constitution, considering that most social services are Provincial jurisdiction?

5. Fifth: Does allowing illegal economic migrants (fake refugees) to come across the Canada/US border violate Sections 5/6 of the Canadian Human Rights Code, since they get priority of social services over citizens and legal residents?

6. Sixth: Does allowing illegal economic migrants (fake refugees) to come across the Canada/US border violate Immigration and Refugee Protection Act: Sections 3(2)(a) since they aren’t refugees, and 3(2)(e), since doing so would not maintain the integrity of the system, and 10.1(4) since the application would be based on misrepresentation?

This application will be supported by the following material:

    Copy of Canada/US Safe 3rd Country Agreement
    Information from both Canada/US Immigration websites
    Documentation showing mass illegal migration across border
    Other documentation as needed

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