Shortly after the Federal Court of Appeal hearing about the constitutionality of the Canada-US Safe Third Country Agreement (STCA), Host Kelley Humber sat down with one of the members of the litigation team, Heather Neufeld. Heather is an immigration and refugee lawyer, and one of 9 lawyers working to overturn the STCA by advocating for refugees' constitutional rights in Canada. Heather discusses the Section 7 (life, liberty, security of the person) and Section 15 (equality) claims being made, some of the challenges of evidence gathering for a case of this nature and scale, and how COVID-19 has impacted how she litigates.
On 15 April 2021, the Federal Court of Appeal ended up ruling in favour of the STCA. Heather and her team have recently applied for leave to the Supreme Court of Canada. This is a case to watch for anyone interested in refugee and human rights.