The United States and Canada have entered into a Safe Third Country Agreement (STCA) that governs the way refugees and asylum seekers are processed in the two countries. Under the agreement, individuals who seek protection in Canada or the United States must make their claim in the first country they arrive in, unless they qualify for an exception.
The purpose of the STCA is to ensure that refugees and asylum seekers are processed in an orderly manner and to prevent “asylum shopping,” where individuals deliberately choose a country in which they believe they have a better chance of being granted protection. The agreement also aims to share the burden of refugee protection between Canada and the United States.
However, the STCA has been the subject of controversy and legal challenges in recent years. Critics argue that the United States does not provide adequate protection to refugees and asylum seekers, particularly under the Trump administration’s policies. They argue that the United States has violated its international obligations by separating families at the border, denying asylum claims based on discrimination and persecution, and implementing policies that have resulted in long-term detention and forced return to countries where individuals face persecution.
In 2020, a Canadian court ruled that the STCA violates the Canadian Charter of Rights and Freedoms, which guarantees protection from refoulement (i.e. return to a country where an individual may face persecution). The court found that the United States does not meet the legal requirements for a safe third country under Canadian law, particularly in light of the Trump administration’s policies.
The Canadian government appealed the court’s decision, and in October 2021, the Federal Court of Appeal overturned the lower court’s ruling, finding that the STCA is constitutional and that the United States meets the legal requirements for a safe third country.
The STCA remains in effect, but the legal challenges and controversy surrounding it highlight the importance of ensuring that countries provide adequate protection to refugees and asylum seekers. As the global refugee crisis continues to grow, it is crucial that countries work together to uphold their international obligations and provide safe and secure futures for those in need.