The safe third country agreement, also known as the STCA, is a bilateral agreement between Canada and the United States that was first signed in 2002. Its purpose is to ensure that people seeking asylum must apply for protection in the first safe country they reach. This means that if someone is fleeing persecution and arrives in Canada via the U.S., they would be sent back to the U.S. to make their claim instead of being able to apply for asylum in Canada.
Recently, the STCA has come under legal challenge in Canada. The agreement has faced criticism from human rights groups who argue that it violates the rights of asylum seekers and puts them at risk of being sent back to the countries they are fleeing from. In July 2020, a federal court in Canada declared the STCA unconstitutional, stating that it violates the Canadian Charter of Rights and Freedoms.
The legal challenge against the STCA was brought forward by several organizations, including the Canadian Council for Refugees and Amnesty International. They argued that the agreement violates the right to life, liberty, and security of the person as guaranteed by the Canadian Charter. They also argued that the U.S. does not qualify as a safe country for asylum seekers due to the Trump administration`s policies and practices.
The court`s ruling has given the Canadian government six months to respond before the STCA is officially struck down. This means that asylum seekers who arrive at the Canadian border from the United States would no longer be subject to the agreement and could apply for asylum in Canada.
However, the Canadian government has announced that it plans to appeal the court`s decision. The government has argued that the STCA is an important tool for managing the flow of refugees and asylum seekers and that it has worked well for the past 18 years. They also argue that the U.S. is a safe country for asylum seekers and that the current administration`s policies should not impact the agreement.
The legal challenge against the STCA highlights the ongoing debate over how countries should handle the global refugee crisis and the rights of asylum seekers. As the Canadian government prepares to appeal the court`s decision, the future of the STCA remains uncertain. It is clear, however, that this issue will continue to be debated and contested in the coming months and years.
