Yes of course there are guarantees in the charter which are meant to apply to third world regimes/dictatorships of which the US is not one.  I thought Canada had a list of countries that were supposedly "safe" where one could not claim the above to try and game the system into getting into Canada.  The law needs to be enforced here and these people sent back to the US right away otherwise what is the purpose of rules if you can just cheat to get around them?