This designation is based on the Safe Third Country Agreement (STCA) signed by the two countries. Recommendation: Add a provision calling for parliamentary review six months after implementation of the application of the regulations and the impact on refugee claimants denied the right to pursue a claim in Canada. 14). If the Safe Third Country Agreement were suspended, people currently crossing irregularly would instead present themselves at a border point. Increased arbitrary enforcement in the context of anti-refugee and anti-Muslim government policies. Suspend the refugee agreement with the US, immediately! Safe Third Country Agreement (STCA), in operation since 2004, was created under the assumption that both countries tackle immigration in the same way. Refugees welcome! More people are arriving both because refugees feel unsafe in the US, and because there are more refugees around the world. Their refugee claim (if found eligible) is heard by the Immigration and Refugee Board. Refugee claimants are not trying to avoid examination – they are just trying to avoid being sent back to the US. With increasing number of refugees worldwide, we should expect that more refugees will find their way to Canada. However, the Court ordered that its decision will only take effect after six months, in other words on January 22, 2021. It also applies at airports if a person who is seeking refugee protection in country B was determined not to be a refugee in country A, and is in transit through country A as part of their deportation . The goal and the effect of the Agreement is to reduce the number of refugees who can claim refugee protection in Canada. Safe Third Country. Usually, individuals come from the United States to Canada through an official port of entry, but in recent years thousands of people have come from the U.S. by land, crossing at places other than official ports of entry to avoid being sent back under the STCA. 159.5 puts the burden of proving that they meet an exception firmly on the claimants.  It refers to subsection 100(4) of the Act which states "The burden of proving that a claim is eligible ... rests on the claimant...". "We are aware of the Federal Court’s decision and are currently reviewing it. Immediately stop sending refugee claimants back to the United States and suspend the Safe Third Country Agreement. Since December 2004, Canada has declared the USA a “safe third country” for refugees and closed the door on most refugee claimants seeking protection at the US-Canada border. People are desperate enough that they are coming whether the Agreement is in force or not. The Safe Third Country Agreement hurts refugees. The organizations believe the designation violates refugee rights under international law and the Canadian Charter of Rights and Freedoms. The situation now is significantly worse. [1] Non-refoulement is a principle of international law which forbids a country from returning a person to another country where they are at risk of persecution or torture. While there are large numbers of undocumented people living in the US, only those who have a well-founded fear of persecution in their country of origin could benefit by making a refugee claim in Canada. In July 2017, the CCR joined with others in a new legal challenge. There is no provision for determining if the accompanying adult has any legal (or even moral) obligation to continue to care for the child once they are turned back at the border. "A person on whom refugee protection has been conferred") is required to ensure that those accepted under PRRA are covered. Two years after the instructions were introduced, there continue to be children in immigration detention in Canada or separated from a parent because of immigration detention. - Claimants who have been in the US for more than one year (and therefore risk being found ineligible, whereas they would be eligible in Canada). These organizations receive little or no government funding and are working hard to meet the needs of refugee claimants, many of whom have arrived via the US. This week, a Canadian federal court in Toronto will hear a challenge to the U.S.-Canadian Safe Third Country Agreement, which recognizes both nations as safe for refugees… By Michael Swan, Canadian Catholic News; Canada & World; July 23, 2020; Canada’s Federal Court has ruled the country’s Safe Third Country Agreement with the United States violates the Charter of Rights and Freedoms by sending refugees who arrive at Canada’s land borders back to detention in the United States. The CCR believes that the US has never been safe for all refugees. Some provinces fund limited services for refugee claimants. Our concerns about sending refugees back to the US have been heightened over the past few weeks.  We have all seen how Canadian citizens and permanent residents seeking to enter the US have been subjected to discriminatory treatment, humiliation and, in the case of Maher Arar, even deportation to Syria where he is now in jail.  If Canadian citizens, who have the protection of the Government of Canada, can be so treated, we can be sure that refugees, who have no government to protect them, fare even worse.  Arabs, Muslims, people with origins in the Middle East and people who look like any of these groups face discriminatory treatement by the US authorities.  In these circumstances, how can Canada, a country committed to principles of non-discrimination, claim that the US is a safe country? People seeking safety in Canada cross the border irregularly in order to avoid being sent back to the US under the Safe Third Country Agreement, which closes Canada’s door to most refugee claimants at the border with the US. Safe Third Country Agreement remains in effect. Recommendation: Amend 159.6 It is recommended that the following categories of exceptions be added: - Nationals of and people born in countries specifically targetted in the US National Security Entry-Exit Registration System (NSEERS) In 2007, the three organizations challenged the designation of the U.S. as a Safe Third Country. For more information about the two Executive Orders (“Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement), see the Harvard Law School analysis, “The Impact of President Trump’s Executive Orders on Asylum Seekers”. The Canadian Council for Refugees (CCR), Amnesty International (AI) and the Canadian Council of Churches announced today that they are launching a legal challenge of the designation of the United States as a safe third country for refugees. This occurs on a regular basis, and not only in “extremely limited circumstances”. People crossing irregularly may be at physical risk, especially in the extreme cold, as we have seen in the tragic case of the men who lost fingers to frostbite. Putting the burden so decisively on the claimant calls into question the intentions of the Government of Canada.  Is the intention to reunite refugee families or merely to reunite refugee families who are in the position to offer proof of their relationship, of the status of the family members in Canada and of their presence in Canada?  Is the intention to protect unaccompanied minors, or merely to protect unaccompanied minors who are able to prove that they are minors and to establish a negative, namely that their parents are not in the US or Canada? The number of claimants had been increasing even before the election of Trump. Dozens of protesters gathered outside a federal court on Monday called for Canada's asylum agreement with the United States to be suspended, arguing the U.S. is not a safe country for refugees. Revised wording (e.g. Canadians are noticing a recent increase in the number of claimants arriving, but this is only an increase compared to the unusually low numbers of claims in the past few years. If they are found to be a refugee they can apply for permanent residence. Unfortunately sometimes these irregular crossings lead to hardship and tragedy, as in the case of the two men who recently lost their fingers to frostbite.Â. Irregular crossings can be dangerous for refugees and cost the government more to manage. Harvard Law School has published an analysis: “The Impact of President Trump’s Executive Orders on Asylum Seekers”. When the agreement was signed, the Canadian government knew that it would lead to increased irregular crossings and potential physical danger for refugee claimants. For more information about the origins of the Safe Third Country Agreement and the first legal challenge, see this page. This is a matter of particular concern since the US has not ratified the Convention on the Rights of the Child and has a shocking record of detaining asylum seeking children. The Canadian Council for Refugees strenuously opposes the Agreement, because the US is not a safe country for all refugees. Media Release. The Federal Court has ruled that the Safe Third Country Agreement (STCA), which allows Canada to send certain refugee claimants back to the United States, is unconstitutional. In 1992, when Parliament was debating changes to the law that would empower immigration officials to decide on refugee claimants' eligibility, many groups, including the Canadian Council for Refugees, raised concerns about giving such an important decision to a single official, rather than a tribunal.  The response from the government was that the eligibility decisions put in the hands of the officials would be simple determinations of fact.  The Minister at the time, Bernard Valcourt, stated: "Those who come to Canada to seek refugee status will have access to the IRB unless it can readily be determined that they fall within one of five clearly defined exceptions.  Where it cannot readily be determined that such is the case, their claim will be forwarded to the IRB" (29 October 1992). That cannot be allowed to continue one more day." The Safe Third Country Agreement only applies to people who make a refugee claim at a Port of Entry on the US-Canada border. In 2007, the Federal Court agreed with the CCR, ruling that the US does not always protect refugees as required under international law. Only a tiny percentage of the world’s refugees reach Canada’s borders. Canada has received much higher numbers of claimants in the past. The applications Judge found that compliance with … When the Canadian government declined to undesignate the US, the three organizations decided that a legal challenge was necessary. The following are some frequently asked questions about refugee claimants arriving from the US. For more information and links about the Safe Third Country Agreement, see also this page. The Canadian Council for Refugees is an umbrella organization committed to the protection of refugees in Canada and around the world and to the settlement in Canada of refugees and immigrants.  Our membership is made up of some 180 member organizations from across Canada. In 2016, there were 7,000. President Trump has adopted arbitrary enforcement, anti-refugee and anti-Muslim measures which mean that we cannot be confident that refugees sent back to the US will have their basic rights protected. Legal Forum: Supreme Court of … Expanded “expedited removal” (more people will be subject to summary proceedings that often unfairly deny access to the refugee protection system). The Federal Court upheld the challenge, finding that it is unreasonable to conclude that the US complies with its non-refoulement[1] obligations under the Refugee Convention and the Convention against Torture, and that the application of the safe third country rule violates refugees’ rights under the Canadian Charter to life, liberty and security of the person (section 7) and to non-discrimination (section 15). Whether a person has or has not made a refugee claim in the US has no relevance under the Safe Third Country Agreement. The United Nations Refugee Convention and Canada’s Immigration and Refugee Protection Act both say that refugees must not be penalized for breaking immigration laws in order to enter the country and seek asylum. They present themselves as soon as they can to law enforcement officials, so that they can make their claim, and go through a security screening. Others might also claim, but there is no reason to think that numbers would be unmanageable as a refugee claim in Canada is a viable option for only a minority of people. Canadian Federal Court Judge Ann-Marie McDonald recently ruled that the Canada-US Safe Third Country Agreement (STCA) violates refugee rights and the Canadian … The CCR participated in a legal challenge of the designation of the US as a safe third country shortly after it came into effect. - a temporary resident permit Recommendation: Amend 159.5(c) to read "a family member of the claimant who has attained the age of 18 years is in Canada and either has made a claim for refugee protection that has been referred to the Board for determination or has an application for refugee protection that is pending.". To prevent automated spam submissions leave this field empty. The challenge is based on the extensive evidence that the US is not safe for all refugees. Refugee claimants ask for Canada’s protection at the Canadian border or from within Canada. Recently, there has been an increase in people entering from the US to make a refugee claim in Canada. An asylum seeker is a person who has left their country and is looking for refugee protection (also known as “asylum”). Accept the Court’s judgement and refrain from pursuing a further appeal. A safe third country is a country where individuals, passing through that country, are deemed safe and are allowed to make refugee claims. They may or may not be a refugee. ON REFUGEE PROTECTION ASSESSING STATE PRACTICE María-Teresa Gil-Bazo* Abstract One of the expressions of international cooperation among States in the fi eld of refugee protection is the adoption of international agreements that implement the “safe third country” and the “country of fi rst asylum” concepts. Depending on the province, they may be entitled to legal aid to help them present their refugee claim. People who make a refugee claim in Canada must show that they have a well-founded fear of persecution in their country of origin. The Agreement is based on the premise that the US is safe for refugees.  This is highly debatable. Two other Executive Orders signed on January 25 introduce immigration enforcement measures that significantly increase the chances that refugees will be sent back to persecution from the US. There could be some relevance when the refugee claim is being heard. We should not close our doors even on these few. We’re appealing the Federal Court of Canada’s decision on the Safe Third Country Agreement (STCA).. Smugglers take advantage of people’s desperation, sometimes charging thousands of dollars to take refugees across the border.  Those who do not face persecution would be likely to face removal to their home country shortly after arriving in Canada, as their claim would be quickly rejected. The Safe Third Country Agreement applies to refugee claimants who are seeking entry to Canada or the United States at Canada-United States land border crossings (including by rail). Safe Third Country Agreement violates rights, court says. Given that the Government of Canada is nevertheless committed to pursuing the designation of the US as a safe third country, the CCR is concerned that the negative impacts on refugees of the measure be kept to a minimum.  It is in this spirit that we offer our comments on the proposed regulations. In 2005, Maude Barlow wrote, "The agreement is ostensibly based on the principle that refugees must claim refuge in the first country they reach as long as that country is 'safe… Refugees come to Canada in two ways: through resettlement or by making a refugee claim in Canada. This agreement allows Canada to reject refugees who try and enter the country at land borders. Even if Canadian border officials come upon the person right at the border, the Agreement does not apply if they are not at a Port of Entry. CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES, AMNESTY INTERNATIONAL AND JOHN DOE V. CANADA (CHALLENGE TO THE CANADA-USA SAFE THIRD COUNTRY AGREEMENT) Submitted by Legal Team on Wed, 03/08/2017 - 20:02. President Trump has signed several Executive Orders that affect those seeking refugee protection in the US. The original Federal Court challenge of the Safe Third Country Agreement was filed in 2017 and hearings were held near the end of 2019. They must cross the border irregularly in order to make a refugee claim in Canada, since the rules about “safe third country” do not apply to people who cross the border outside of a port of entry. Although the Federal Court has made its ruling, that decision does not come in effect until January 22nd 2021. Again, they may or may not be a refugee. There are over 21 million refugees around the world. - approval in principle under humanitarian and compassionate grounds. Resettlement is a discretionary action taken by Canada on a humanitarian basis. Now most refugee claimants are denied the chance to make a refugee claim if they present themselves at a port of entry. The Safe Third Country Agreement is based on the premise that the US is safe for refugees. A refugee claimant is the term used in Canada for a person who has made a refugee claim. The 52-page brief, Contesting the Designation of the US as a Safe Third Country , outlines the many ways that the US asylum system and immigration detention regime fail to meet required international and Canadian … For more information, see CCR, Keeping the door open: NGOs and the new refugee claim process, Oct 2014. A high percentage of asylum seekers in the US are in detention and thus unable to travel to the Canadian border. It does not apply to people who have entered from the US and subsequently make a refugee claim. Under the Safe Third Country Agreement, in force since December 2004, Canada and the US designate each other as “safe” for refugees and establish the principle that refugee claimants should generally seek protection in the first of the two countries that they reach. Under the proposed regulations, however, it certainly cannot be Areadily determined@ whether a person claiming refugee protection at a US-Canada border point should, according to the regulations, be found eligible or returned to the US.  For example, it is not always easy to determine whether a young person is under 18 years of age.  Nor can it necessarily be readily determined whether a minor has a parent or legal guardian in Canada or the US.  While sometimes a person may have clear proof that she has a family member in Canada who is a permanent resident or citizen, in many cases she doesn=t have that proof and it may not be easy to determine whether it is the case or not. A Canadian court Wednesday invalidated the country’s Safe Third Country Agreement with the United States, ruling elements of the law violate Canadian constitutional guarantees of … In 2005, the CCR challenged the Canadian government's Safe Third Country Agreement with the United States, which came into effect in 2004. By implementing this Agreement, Canada joins the many countries that take the "Not in my backyard" approach to refugees. In light of recent policy changes, it's important to be informed about what the STCA means for refugees who may seek refuge in Canada from the United States.
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