Federal Judge Ann Marie McDonald ruled that the agreement violated part of the Canadian Charter of Rights that states that laws or actions of the state that encroached on life, liberty and security must be consistent with the principles of fundamental justice. Conventions on safe third-country nationals are not explicitly mentioned in the 1951 Refugee Convention or the 1967 Protocol on the Status of Refugees. Rather, their legitimacy derives from Article 31 of the 1951 Convention, which states that a refugee should not be punished for illegal entry into a country if he arrives directly from a country where he is threatened. The Office of the United Nations High Commissioner for Refugees (UNHCR) has itself warned against over-interpreting safe third country agreements, although it acknowledges that they may be acceptable in certain circumstances.  Such ambiguities have prompted some Canadian legal experts to question the legality of the Canada-U.S. safe third country agreement.  The agreement was signed on December 5, 2002 in Washington, D.C. By Bertin Cété (Vice-Chief of Mission, Embassy of Canada) and Arthur E. Dewey (Assistant Secretary of State for Population, Refugees, and Migration, U.S. Department of State). By accepting the government`s request, the court maintains the status quo at the border, which means that asylum seekers will continue to be referred to Section 102 of the Immigration and Refugee Protection Act (IRPA), which authorizes the designation of safe third countries for the purposes of co-responsibility for refugee claims. Only countries that respect human rights and offer a high level of protection to asylum seekers can be designated as safe third countries. The Donald J.
Trump government is urging Guatemala and several other Latin American countries to sign “safe third countries” agreements that would require migrants to seek asylum in countries where they travel rather than in the United States. But can these countries offer them security? Since March 2017, some 59,000 people have crossed the border between official ports of entry to apply for asylum, according to the Canadian Immigration and Refugee Board.