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23rd, Jan 2026
Justice Alan Diner of the Federal Court has dismissed Ottawa's motion to strike down a legal challenge brought by the Canadian Association of Refugee Lawyers and the South Asian Legal Clinic of Ontario.
The groups are demanding transparency regarding how Canada designates the United States as a safe country under the Safe Third Country Agreement. Introduced in 2004, this bilateral pact requires asylum seekers to claim protection in the first safe country they reach.
Justice Diner ruled that the case merits a full hearing, granting the applicants public-interest standing and an extension despite government objections. Co-counsel Maureen Silcoff called it "a win on many fronts," emphasizing renewed concerns about US asylum policies.
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