协议实施时,政府称其目标是终止“采购避难权”(asylum shopping)的现象。但加拿大难民议会(Canadian Council for Refugees),加拿大教会理事会(Canadian Council of Churches),国际特赦组织(Amnesty International)以及哥伦比亚一位寻求庇护者都向联邦法庭提起诉讼。这些组织列举了阿拉尔(Maher Arar)被遣送叙利亚后所受到的苦难,指出了911恐怖袭击以后难民所受到的美国政府的不合理对待。
On January 17, 2008, the Federal Court issued its ruling regarding the Safe Third Country Agreement.
The Safe Third Country Agreement between Canada and the United States remains in effect as the Court's ruling does not take effect until February 1, 2008. Under this agreement, people making refugee claims are required to seek protection in whichever of the two countries they enter first.
The Government of Canada will appeal the Federal Court's decision and will seek a stay of the Court's decision. If the stay is granted, the Safe Third Country Agreement will remain in effect until the conclusion of the Court proceedings.