Ottawa faces calls to scrap rule allowing migrants crossing border covertly to claim asylum after two weeks
2024/12/07 Leave a comment
Will see what government does but my guess is that the pressures to do so will be hard to resist:
…Opposition politicians and provincial premiers have raised fears about an influx of migrants to Canada from the U.S. after president-elect Donald Trump threatened to deport about 11 million people living there illegally.
“At a minimum, the 14-day rule should be suspended temporarily until we know what we are dealing with,” said immigration lawyer Richard Kurland, who obtained the border agency’s intelligence document through an access to information request.
Under the Safe Third Country Agreement between Canada and the U.S., asylum-seekers must make their claim in the first country in which they arrive. In March last year, the two countries restricted the agreement, ending the ability to claim asylum after crossing at Roxham Road.
Both Canada and the U.S. can terminate the agreement with six months’ notice, and they can also negotiate changes. Immigration lawyer David Matas said “the agreement could be extended by removing the possibility of staying in Canada if one enters Canada illegally and remains hidden for 14 days or more.
“That would be even more effective in discouraging traversal of the U.S. than the present form of the agreement.”
Canada does not return people to the United States if they have been charged with an offence that could subject them to the death penalty.
Warda Shazadi Meighen, a lawyer at Landings LLP, said Canada would have the power to enact additional public-interest exemptions to help people facing persecution if they were returned to the United States.
“One can imagine a scenario where women fleeing gender-based violence, and individuals facing LGBTQ+ persecution, for example, would not get adequate protection under certain administrations in the United States,” she said.
