Safe Third Party Agreement End It
The agreement represented a long-standing desire of the Canadian government to limit the number of people applying for refugees, as potential applicants are much more likely to travel to Canada by land via the United States to assert a right than in the opposite direction. Although the United States initially resisted Canada`s proposal because it meant that it had to deal with more complainants, after 2001, the Bush administration accepted this request in exchange for Canada`s cooperation with other U.S. security priorities. Last July, the Federal Court of Justice declared the STCA unconstitutional because it violated „the right to life, liberty and security of the person“ as guaranteed by the Canadian Charter of Rights and Freedoms. The case was filed by Amnesty International, the Canadian Refugee Council and the Canadian Council of Churches on behalf of several complainants. The judge`s decision upheld the argument made for years by human rights and refugee advocates that the United States, especially under the Trump administration, is not a safe place for refugees. But the increase in refugee applications came at a time when the third-country security agreement was in force. Since the agreement allows the government to deport asylum seekers who attempt to enter official ports of entry, future refugees who do not meet specific exceptions under the agreement, such as. B a family member living in Canada, must find other ways to cross the border if they wish to apply for refugees in Canada.
The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries. The purpose of the review procedure is to ensure that the conditions that led to deportation as a safe third country remain met. Federal Judge Ann Marie McDonald ruled that the agreement was unconstitutional. The July 22 ruling stated that the act of repatriating people to the United States, where they were threatened with imprisonment, violated their rights to life, liberty and security. The Canadian Charter of Rights and Freedoms applies to all those who physically enter Canada, including those who come to apply for refugees. Amid this and other public fears, a survey conducted by Angus Reid in August 2018 found that two-thirds of Canadians believed that the arrival of people seeking asylum in Canada was a „crisis.“ Storm Alliance and La Meute, two far-right nationalist groups in Quebec, argued that the situation constituted an „invasion“ of Quebec City by „illegals“ and regularly held demonstrations on Roxham Road, which held the patriotic sovereign flag. The 16-year-old agreement recognizes both countries as „safe“ countries for migrants, and stipulates that refugee seekers are required to apply for protection in the first country they arrive, meaning Canadian border guards would be sent back to the United States.