The Applicants challenge the validity and the constitutionality of the legislation
implementing the Agreement between the Government of Canada and the Government of the
United States of America For Cooperation in the Examination of Refugee Status Claims from
Nationals of Third Countries (referred to as the “Safe Third Country Agreement” or “STCA”).
The Applicants allege that by returning ineligible refugee claimants to the United States (US),
Canada exposes them to risks in the form of detention, refoulement, and other violations of their
rights contrary to the 1951 Convention Relating to the Status of Refugees, 28 July 1951, 189
UNTS at 137 (Refugee Convention or RT) and contrary to the United Nations Convention
Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT,
collectively referred to as the Conventions).
