Canada`s Asylum Agreement: What You Need to Know
Canada is known for its welcoming attitude towards immigrants and refugees. However, in recent years, the Canadian government has implemented strict policies to manage the number of asylum seekers entering the country. One of the most controversial policies is the Safe Third Country Agreement with the United States.
The Safe Third Country Agreement (STCA) is a bilateral agreement between Canada and the United States that requires asylum seekers to make their refugee claim in the first safe country they arrive in. The agreement was signed in 2002 and implemented in 2004. Its purpose was to reduce “asylum shopping” by people who seek refugee protection in multiple countries.
Under the STCA, asylum seekers who enter Canada from the United States at official border crossings are ineligible to make a refugee claim in Canada. Instead, they are expected to apply for asylum in the United States. This means that individuals who cross the border irregularly outside of official border crossings can make a refugee claim in Canada.
The STCA has been controversial since its inception. Critics argue that the United States is not a safe country for refugees due to its harsh immigration policies and discriminatory practices. They also claim that the STCA violates Canadian refugee law, which states that every refugee claimant has the right to a fair hearing.
In 2020, the Federal Court of Canada ruled that the STCA violates the Canadian Charter of Rights and Freedoms. The court found that the United States is not a safe country for refugees and that asylum seekers returned to the United States under the agreement face a risk of being imprisoned without access to a fair hearing or being subjected to life-threatening dangers. The court gave the government six months to either suspend or amend the agreement.
The Canadian government appealed the court`s decision and requested a stay of the ruling. In July 2021, the Federal Court of Appeal granted the government`s request, which means that the STCA remains in effect for now.
The debate over the STCA highlights the challenges of managing the flow of asylum seekers while upholding human rights and international obligations. The Canadian government has a duty to protect its borders and manage the influx of migrants, but it also has a responsibility to provide protection to those who are in genuine need of refugee status.
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