CARL's live-tweet of the Federal Court of Appeal's hearing about the Safe Third Country Agreement is about to begin #STCA

Read a narrative of NM, 21-year old refugee claimant detained in the US after a Canada turned her back

Read: http://tl.gd/n_1srem9a 

In order to obtain a stay, the government will have to show (i) a "serious issue" wth the Federal Court decision; (ii) "irreparable harm" to the government if the motion is denied; and (iii) that the "balance of the convenience" favours the government.

The Respondents have conceded "serious issue" so the hearing is only about "irreparable harm" and "balance of convenience".

If you have questions about any of these issues, - or the hearing today - slide into CARL's DMs.

Martin Anderson for the Department of Justice is starting now -- expect the Government's case to last for about 1.5 hours. The Respondent's will get similar time and the Government will then receive a final reply.

Just a note on today's judge - Justice Stratas is a Toronto native who was appointed to the Federal Court of Appeal direct from private practice in 2009. He's considered an expert in constitutional and administrative law -- the two areas of law arising in this #STCA hearing.

The Federal Court suspended its judgment by 6 months to permit the Gov't time to adjust to the reality of the #STCA being struck down. Justice Stratas is asking the DOJ about why they haven't included any evidence of what the Government has done with that time to get ready.

While the Court hears the #STCA appeal today, the consequences for refugees turned back by Canada into US detention are real and punishing.

Read the testimony on children learning to walk and talk in jail: http://tl.gd/n_1srem61 

You may hear the parties taking about a "certified question" today. In immigration proceedings in Federal Court, the losing side has no right of appeal. They can only appeal when the judge who decided the case "certifies a question of general importance" for appeal. #STCA

We're on to irreparable harm. The Gov't is focused on the question of how many refugee claimants may approach the border with the #STCA struck down. But the Federal Court - considering evidence gathered over three years of the case - rejected that argument outright...

... The FC judge found: "[147] The Respondents’ strongest argument to justify the STCA is the sustainability of the refugee system in Canada if the number of claimants were to increase. However, in my view, the evidence offered by the Respondents on this point is weak."

You'll hear the Judge talking about the "2008" #STCA decision. That's because the #STCA was struck down before in 2007 FC 1262. The Federal Court of Appeal allowed the Gov't appeal on technical grounds: 2008 FCA 229. In 2020, the Federal Court struck down the #STCA a 2nd time.