The appellants challenged the constitutional validity of s. 159.3 of the Immigration and Refugee Protection Regulations, which designates the United States as a safe third country, rendering refugee claimants arriving at Canadian land ports of entry from the United States ineligible to have their claims considered in Canada.
The Court held that s. 159.3 is not ultra vires the IRPA, as the validity of a regulation is assessed at the time of promulgation.
The Court further held that s. 159.3 does not breach s. 7 of the Charter: while some effects on liberty and security of the person are causally connected to Canadian state action, the legislative scheme is neither overbroad nor grossly disproportionate given the availability of statutory safety valves that guard against real and not speculative risks of refoulement.
The s. 15 equality rights challenge, based on the disproportionate impact on women fearing gender-based persecution, was remitted to the Federal Court for determination on the merits.
