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RELATED: Whaddaya know... it's a twofer
Justice Michael Phelan of Federal Court agreed, in a 2007 decision, that regulations enacted by the former Liberal government to give legal effect to the deal should be declared invalid. Judge Phelan concluded the federal cabinet had exceeded its authority and breached the Charter of Rights.*
The refugee pact was part of wider “Smart Border” negotiations undertaken with the U.S. in the wake of the 9/11 attacks to ensure border security.