Canada's Top Court Hears Challenge to US Border Asylum Pact

Facts

  • On Thursday, Canada's top court heard arguments from advocates who say that the US-Canada Safe Third Country Agreement (STCA) — a nearly two decades old deal that sees Canada and the US share responsibility for migrants — should be abolished because it violates Canada's constitution.
  • The STCA, enacted in 2004, requires asylum seekers to claim protection in either Canada or the US, whichever country they arrive in first.
  • Migrants, however, have been using a loophole: asylum seekers who make unauthorized entries into Canada across the 5.5k mile border are allowed to stay. Since 2017, more than 67.8k asylum seekers have reportedly crossed the border; Canada has accepted roughly 28.3k while rejecting around 19.6k.
  • The plaintiffs — arguing on behalf of asylum applicants from Ethiopia, El Salvador, and Syria — say that returning refugees to the US puts them at risk of detention and other rights violations and thus violates Section 7 of the Canadian Charter of Rights and Freedoms.
  • Successive Canadian governments have argued that the US is a safe country for asylum seekers, with the current government countering the lawsuit by saying ending the STCA would lead to an overwhelming surge in asylum claims.
  • This comes after two lower federal courts twice sided with the refugee advocates, only to be subsequently overturned, leading the case to land before the Supreme Court.

Sources: Washington Post, Al Jazeera, Global News, and Reuters.

Narratives

  • Left narrative, as provided by Open Canada. The STCA must be terminated because it’s immoral and unconstitutional, as the federal courts have ruled twice. The Canadian constitution requires the government to ensure safety and liberty for all, regardless of status. The STCA has repeatedly forced asylum seekers back into the dangerous custody of the US, where they're treated abysmally and often deported.
  • Right narrative, as provided by The Post Millennial. The STCA needs to be expanded, not terminated. The loophole has opened a back door into Canada, which has led to an influx of irregular border crossers. While refugees should be welcomed, there needs to be a renewed focus on legal immigration to ensure the safety and security of Canadians first and foremost.

Predictions