"Ottawa still considers the U.S. a “safe third country,” as defined by an agreement that requires all asylum claimants to seek protection in the first safe country in which they arrive. However, the agreement “does not apply when someone enters Canada illegally between designated ports of entry,” the federal government said."

So if they aren't charged with illegal entry and so aren't determined to have entered illegally, the safe third country agreement applies and they should be handed back to the Americans?  Evidence based decision making is good, but at a minimum we should expect some logically coherent decision making.