Thursday, September 04, 2025

Canada should be ready to circumvent Safe Third Country Agreement rules

Canada and America have long had a Safe Third Country Agreement (STCA), whereby two civilized countries that both have robust protections for refugees agree that aliens and fugitives must claim asylum in the first country they arrive in, whether that be Canada or America, and cannot just pass through America to get to Canada, or vice versa.

That has worked pretty well since the Agreement was struck in 2004. But America under Donald Trump is no longer a civilized country, at least as regards immigration and refugees. Refugees turned back at the US-Canada border now run a very real risk of being repatriated back to the country they are fleeing (or even some other country they have never lived in and have no links with). This may put them at risk of imprisonment or worse for their political views or their sexual identity or orientation, or physical danger from an abusive spouse, etc. This is particularly important given that gender-based asylum claims are rarely recognized in the USA.

Luckily, there is a provision under the STCA agreement that allows border agents some latitude in their decisions. For example, there is an escalation protocol that can be triggered when there is "credible evidence" that someone will face inhumane treatment in the US, or faces a serious possibility of being deported to face torture or death.

Up until now, these "safety valves"  have hardly ever been used. But Canadian border agents should be officially reminded of this option, and they should be much more ready to employ it, lest some of the most vulnerable refugees be left at the mercy of an uncaring and draconian American immigration system.

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