Canadian refugee supporters have strongly opposed the deal, arguing that the U.S. is not always a safe country for people fleeing persecution. A safe third country is a state in which a person passing through that country could have applied for refugee protection. In Canada, subsection 102(2) of the Immigration and Refugee Protection Act sets out the criteria for designating a country as a safe third country. To date, the United States is the only country considered by Canada to be a safe third country under immigration and refugee protection law. Federal Judge Ann Marie McDonald ruled that the agreement violated a section of the Canadian Charter of Rights that sets out laws or acts of the state affecting life. Freedom and security must be consistent with the principles of fundamental justice. Section 102 of the Immigration and Refugee Protection Act (IRPA) allows for the designation of safe third countries for the purpose of sharing responsibility for refugee claims. . .
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