What is the Canada-U.S. Safe Third Country Agreement?
The Supreme Court of Canada will take time to weigh arguments about the constitutionality of an 18-year refugee agreement between Ottawa and Washington after hearing a challenge Thursday from claimants and human rights advocates.
The Canada-U.S. Safe Third Country Agreement (STCA) allows Canada to turn away asylum seekers seeking entry from the U.S. at official land border crossings.
However, human rights groups say the U.S. is not a "safe country" for asylum seekers and the pact allows Canada to skirt its international obligations for refugee claimants.
CTVNews.ca breaks down what the agreement entails.
WHAT DOES THE STCA DO?
The Canada-U.S. Safe Third Country Agreement was signed in 2002 and came into effect in 2004. Under the agreement, those seeking refugee status in either Canada or the U.S. must make their claim in the first country they enter.
That means most asylum seekers who attempt to cross into Canada at an official crossing are turned away and are told they need to make their asylum claim in the U.S., and vice versa. The only exemptions apply to unaccompanied minors and those with close family members living in Canada.
"If one of those narrow exemptions does not apply, you're not able to make a claim for refugee protection in Canada. And so what that means is that you're ordered to be removed or deported, and they contact U.S. authorities," Amnesty International's Julia Sande told CTV's Your Morning on Thursday.
But the agreement has one key loophole: it only applies to official land border crossings. That means that asylum seekers who manage to make a refugee claim within Canada while bypassing an official border crossing won't be sent back to the U.S.
This has prompted tens of thousands of asylum seekers to enter Canada at irregular crossings, such as Roxham Road, a rural road that goes through the border between Quebec and New York State.
HOW MANY ASYLUM SEEKERS HAVE CROSSED IRREGULARLY?
Since February 2017, Canada has seen 67,805 irregular crossers enter the country. Of these, 28,332 (41 per cent) have had their refugee claims approved. In addition, 19,646 refugee claims have been rejected, 13,369 are still pending and the rest have either been withdrawn or abandoned, according to the Immigration and Refugee Board of Canada (IRB).
Irregular crossings into Canada surged after Donald Trump became president of the United States in 2017, as concerns grew over his anti-immigration rhetoric and executive orders limiting the number of refugees admitted.
According to data from the IRB, the number of irregular crossings peaked between July and September 2017. During this time period, 8,558 asylum seekers irregularly crossed into Canada, corresponding to an average of 2,853 per month.
The average number of irregular crossers per month dipped after that and hovered between 1,200 and 1,400 from late 2018 to early 2020. However, irregular crossings came to a near screeching halt after COVID-19 restrictions at the border were put in place in March 2020 and asylum seekers were sent back to the U.S. unless they met one of the exemptions.
In November 2021, as Canada continued lifting COVID-19 measures at the border, irregular crossers were once again allowed to enter the country and make a claim. Between April and June 2022, 4,512 irregular crossers entered Canada -- the most seen since 2019, according to the IRB.
WHAT DO OPPONENTS OF THE STCA SAY?
In 2017, Amnesty International, the Canadian Council for Refugees, and the Canadian Council of Churches launched a lawsuit challenging the constitutionality of the Safe Third Country Agreement.
The organizations say the legislation underpinning the STCA violates Section 7 of the Charter of Rights and Freedoms, which guarantees life, liberty and security of the person, in addition to Section 15, which guarantees equal protection and benefit under the law.
Sande says asylum seekers who are turned back from Canada often face immigration detention in the U.S.
"When people are in detention, they're subjected to solitary confinement, staggering rates of sexual violence, really inhumane conditions, not given religiously appropriate food," she said. "The detention in itself is problematic and harmful. But in addition, when you're in detention, it's a lot more difficult to access counsel."
Sande says the increased difficulty accessing legal counsel means asylum seekers have a higher chance of being deported. On top of that, she said crossing the border at irregular crossings can come with serious risks.
Many of these crossers use Roxham Road, where the RCMP have set up a presence to handle the high volume of asylum seekers. But at other parts of the border, some asylum seekers have made long journeys on foot through empty farm fields in the winter, risking frostbite.
"We've heard of people losing fingers from frostbite and really putting themselves at risk. And so I would say it's neither compassionate nor orderly," Sande said.
Canada is also subject to the 1951 Refugee Convention, which stipulates that states cannot return refugees to dangerous countries. The human rights groups argue the pact lets Canada "contract out" its international obligations to refugee claimants without proper followup the U.S. is doing the job.
In July 2020, the Federal Court agreed, and ruled the Safe Third Country Agreement was unconstitutional. The federal government appealed the ruling and last December, the Supreme Court announced that it would hear the case.
WHAT HAVE FEDERAL PARTIES SAID?
The NDP and the Bloc Quebecois have long called on the federal government to suspend the Safe Third Country Agreement, and allow asylum seekers to cross into Canada at official crossings so they won't have to make potentially dangerous journeys through irregular crossings.
Meanwhile, the Conservatives say the STCA should be strengthened to allow Canada to send irregular crossers back to the U.S.
The three opposition parties recently signed a letter calling for an inquiry looking at how public funds were used to build intake facilities at the border near Roxham Road.
In the House of Commons on Wednesday, Prime Minister Justin Trudeau said Canada "works with the U.S. government every day to improve the Safe Third Country Agreement." Immigration, Refugees and Citizenship Canada (IRCC) told CTV's Your Morning the agreement "has served Canada well" and is necessary to ensure that the border "remains well-managed."
"Canada believes that the STCA remains a comprehensive means for the compassionate, fair and orderly handling of asylum claims in our two countries," IRCC said in an email statement.
Quebec Premier Francois Legault has also called on the feds to close the unofficial Roxham Road crossing and said his government does not have the capacity to deal with the influx of people. Public Safety Minister Marco Mendicino said on Thursday the government is working "very carefully with Quebec" to manage the flow of asylum seekers.
"We transfer significant federal funds to that province every year to help with ensuring that there is due process, that there... is a baseline of support for people who are filing claims," he told reporters before a cabinet meeting in Ottawa.
"We have to reach agreements, with partnerships with the United States, with Quebec, and that's exactly what the federal government will do," he added in French.
With files from The Canadian Press
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
There's actually no such thing as vegetables. Here's why you should eat them anyway
The rumours are true: Vegetables aren't real — that is, in botany, anyway. While the term fruit is recognized botanically as anything that contains a seed or seeds, vegetable is actually a broad umbrella term.
BREAKING Israeli forces seize Rafah border crossing in Gaza, putting ceasefire talks on knife's edge
Israeli tanks seized control of Gaza’s vital Rafah border crossing on Tuesday as Israel brushed off urgent warnings from close allies and moved into the southern city even as ceasefire negotiations with Hamas remained on a knife’s edge.
The Met Gala was in full bloom with Zendaya, Jennifer Lopez, Mindy Kaling among the standout stars
The Met Gala and its fashionista A-listers on Monday included Jennifer Lopez, Zendaya and a parade of others in a swirl of flora and fauna looks on a green-tinged carpet lined by live foliage.
'It looked so legit': Ontario man books $7,700 luxury villa on Booking.com, but the listing was fake
An Ontario man says he was charged more than $7,700 to book a luxury villa on a popular travel website -- but the listing was fake.
Noelia Voigt resigns as Miss USA, citing her mental health
Noelia Voigt, who was crowned Miss USA in November 2023, has announced she is resigning from her role, saying the decision is in the best interest of her mental health.
Putin begins his fifth term as president, more in control of Russia than ever
Vladimir Putin began his fifth term Tuesday as Russian leader at a glittering Kremlin inauguration, setting out on another six years in office after destroying his political opponents, launching a devastating war in Ukraine and concentrating all power in his hands.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Local Spotlight
Investigating the tale of Winnipeg's long-running mystery bookstore
Whether passionate about Poirot or hungry for Holmes, Winnipeg mystery obsessives have had a local haunt for over 30 years in which to search out their latest page-turners.
'Love has no boundaries': Sask. couple in their 90s and 80s get married
Eighty-two-year-old Susan Neufeldt and 90-year-old Ulrich Richter are no spring chickens, but their love blossomed over the weekend with their wedding at Pine View Manor just outside of Rosthern.
Twin Alberta Ballet dancers retire after 15 years with company
Alberta Ballet's double-bill production of 'Der Wolf' and 'The Rite of Spring' marks not only its final show of the season, but the last production for twin sisters Alexandra and Jennifer Gibson.
Video shows gaggle of geese stopping traffic on Highway 1 near Vancouver
A mother goose and her goslings caused a bit of a traffic jam on a busy stretch of the Trans-Canada Highway near Vancouver Saturday.
B.C. mayor stripped of budget, barred from committees over Indigenous residential schools book
A British Columbia mayor has been censured by city council – stripping him of his travel and lobbying budgets and removing him from city committees – for allegedly distributing a book that questions the history of Indigenous residential schools in Canada.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
Here's how one of Sask.'s largest power plants was knocked out for 73 days, and what it took to fix it
A group of SaskPower workers recently received special recognition at the legislature – for their efforts in repairing one of Saskatchewan's largest power plants after it was knocked offline for months following a serious flood last summer.
Quebec police officer anonymously donates kidney, changes schoolteacher's life
A police officer on Montreal's South Shore anonymously donated a kidney that wound up drastically changing the life of a schoolteacher living on dialysis.
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.