The Safe Third Country Agreement between Canada and the US is a bilateral treaty that has been in effect since 2004. Its purpose is to provide a framework for the processing of refugee claims in a manner that is safe, efficient, and consistent between the two countries. Essentially, the agreement requires that individuals seeking refugee status in one country must first apply in the other if they arrive at an official port of entry.
The idea behind the agreement is that both Canada and the US are considered “safe” countries for refugees, meaning that they are able to provide protection and support to those in need. By requiring individuals to apply in the first country they arrive in, the agreement aims to prevent “forum shopping” by refugees seeking a more favourable outcome in one country over the other.
However, the agreement has come under scrutiny in recent years, particularly in the context of US immigration policies under the Trump administration. Critics argue that the US is no longer a safe country for refugees, due to policies such as the “Remain in Mexico” program, which requires asylum seekers to wait in Mexico while their claims are processed in the US.
In response to these concerns, in 2017 the Canadian Council for Refugees and the Canadian Council of Churches filed a legal challenge to the agreement, arguing that it violates the Canadian Charter of Rights and Freedoms and international human rights law. The case is currently ongoing.
Despite these challenges, the Canadian government has maintained that the agreement is an important tool for managing the flow of refugees between the two countries. In a 2020 statement, Immigration Minister Marco Mendicino said that “the Safe Third Country Agreement remains an essential component of our bilateral relationship with the US and serves an important purpose in managing the flow of asylum seekers”.
Overall, the Safe Third Country Agreement between Canada and the US is a complex issue that raises important questions about the rights of refugees and the responsibilities of countries in providing protection to those in need. As the legal challenge continues and immigration policies evolve, it remains to be seen how the agreement will continue to impact the lives of those seeking refuge in North America.
