Sadinsky and Bondy | Donald Trump’s plans will mean chaos at the Canadian border. We aren’t even close to being ready

The view from immigration lawyers and likely advocates. Not too early to plan but may be too early to assume it will be that chaotic. Suspect exemptions may be a non-starter in the context of a Trump administration. And once the door is opened for one group or set of circumstances, others would then cite this to advocate for their particular group or circumstances:

…But the suddenly U.S. reality requires immediate reforms to our system. A growing backlog of refugee claims means our system needs more capacity. This can be achieved through efficiencies, such as streaming simpler claims to paper review — that is, by considering documentary evidence, without a hearing in order to issue a positive decision in the case of simple claims — and allowing eligible refugee claimants to apply in other programs.

Canada should also develop a more accessible process for individuals leaving the U.S. to seek personalized exemptions to the restrictions of the Safe Third Country Agreement. Notably, when the Supreme Court of Canada ruled on the constitutionality of the agreement, it upheld it due to “safety valves”, where officers can admit people to Canada in exceptional situations if turning them back to the U.S. would violate their Charter rights. In practice, these safety valves barely exist and do not function. We need a clear, robust process for individuals to seek exemptions and proper training for officers.

Targeted exemptions to the STCA would allow some of the most vulnerable individuals to present themselves at official ports of entry to initiate refugee claims. Article 6 of the STCA permits either country to invoke exemptions to review claims where “it is in its public interest to do so.” In particular, women fleeing domestic violence are often unable to obtain asylum in the U.S. because of how U.S. law interprets the Refugee Convention. In Canada such claims are often successful, and are heard by a specially trained task force of the Immigration and Refugee Board.

The House of Commons Standing Committee on Citizenship and Immigration recommended in a May 2023 report that exemptions also be invoked for individuals from places that Canada has a policy not to deport to. Invoking exemptions for such claimants would permit them to submit their claims at regular ports of entry, and would protect them from smugglers and otherwise dangerous crossings.

Above all, as a federal election looms in Canada, we must not learn the wrong lesson from the U.S. election: that dehumanizing others is a cheap way to secure votes. Changes to our system may be inevitable, but they must not be accompanied by rhetoric that demonizes others and turns members of our community against one another.

Aisling Bondy is President of the Canadian Association of Refugee Lawyers (CARL). Adam B. Sadinsky is Co-Chair of CARL’s Advocacy Committee. Both are immigration and refugee lawyers in private practice in Toronto.

Source: Opinion | Donald Trump’s plans will mean chaos at the Canadian border. We aren’t even close to being ready