Barutciski: A loophole in the Safe Third Country Agreement could cause Canada big problems 

2024/12/17 Leave a comment

Despite or because of the political turmoil, expect that this provision will be negotiated away:

…The big picture for policymakers is that Canada under the Trudeau Liberals has become an outlier among Western democracies. With its lax visa policy, incomparably high refugee-status recognition rates and reluctance to remove failed claimants, Canada now serves as a global magnet for masses of people seeking better conditions. The number of monthly asylum claims in our geographically isolated country rivals Germany, the largest EU host country. It is exceeding the other leading EU host countries, namely France, Spain and Italy. Even if adjudication procedures could be streamlined and additional funding could magically appear to address the massive backlog, the current intake is simply unsustainable.

To correct this distorted approach to asylum, which used to be a historic concept focused on protecting victims of individualized persecution, future Canadian policy needs to emphasize co-operation and harmonization with our Western partners. This more realistic approach has to develop alongside our closest ally, which shares our long, undefended border, as well as the same continental security concerns. Eliminating the 14-day rule is a logical place to start.

Source: A loophole in the Safe Third Country Agreement could cause Canada big problems 


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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.

Source: Ottawa faces calls to scrap rule allowing migrants crossing border covertly to claim asylum after two weeks

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