The Canada-US Safe Third Country Agreement: A Barrier to Asylum Seekers’ Rights
The Canada-US Safe Third Country Agreement: A Barrier to Asylum Seekers’ Rights.
Canada-US Safe Third Country Agreement: Examining the Implications for Asylum Seekers. The Roxham Road Crossing: The Consequences of the Safe Third Country Agreement, now we are forcing poor refugees to deal with new “coyotes”.
The Canada-US Safe Third Country Agreement (STCA) has been in effect since 2004, and it has been a topic of much debate and controversy ever since. The STCA essentially states that an individual who seeks asylum in either Canada or the US must make their claim in the first country they arrive in. This means that individuals who come to Canada via the US are often turned away at the border, as they are expected to make their asylum claim in the US instead. Except, they can prove their first degree family members have legal residing rights in Canada.
However, this raises significant concerns about the treatment of refugees in the US, particularly in light of Section 7 of the Canadian Charter of Rights and Freedoms. Section 7 guarantees everyone, including asylum seekers, the right to “life, liberty, and security of the person.” As Allard Law Professor Efrat Arbel of the Canadian Civil Liberties Association stated, “We know full well that when we block refugees at the border and return them to the US, we send them to face detention, deportation, torture, and sometimes death. And yet, somehow, we turn a blind eye to this.”
Furthermore, there is a significant difference between the restrictions on moving between states in the US and the restrictions on moving between the US and Canada. The US has unique relationships with some countries that refugees come from, and those most likely to live in the US for decades or often deported quickly. The same person is more likely to be granted asylum in Canada.
This has led to many individuals attempting to cross the border at Roxham Road, which has become illegal crossing in an easy way, rather swimming rivers, walking thru forests, or paying someone you don’t know to lead you to cross. For reference look at this movie about us: https://www.youtube.com/watch?v=cI4_pKtjuE8
In recent years, there has been a significant influx of refugees crossing Mexico, the US, and Roxham Road to reach Canada. In 2022, over 4000 Turkish citizens crossed Roxham Road to seek asylum in Canada, highlighting the urgent need for a better solution for asylum seekers. However, over 300 individuals from Turkey are currently stuck in Mexico and various US grounds, aiming to reach Canada. They have to resort to dangerous crossings or pay exorbitant fees to “coyotes” to reach Canada.
However, Canada is a better place for asylum seekers, as we are a diverse and welcoming nation of 40 million who appreciate the contributions of refugees and immigrants. We strive to grow and harmonize with different nations and religions. I appreciate the efforts of Canada’s Immigration Minister Sean Fraser, MP Francesco Sorbara, MP Ya’ara Saks, and Honorable Minister Mélanie Joly in expediting 1700 sponsorship and family unification cases in Ankara for earthquake-affected areas of Turkey and Syria, which have been successful in bringing many people to Canada in a short amount of time. We must also address the plight of those from earthquake apart region of Turkey who have already crossed the border at Roxham Road. Instead of resorting to dangerous crossings or paying exorbitant fees to “coyotes” to reach Canada, we should expedite their refugee cases and work to reunite them with their families as soon as possible.
Although there have been successful efforts to expedite sponsorship cases in the Ankara Embassy, those who crossed Roxham Road in 2021 and 2022 have family members in Turkey who lack proper shelter and basic human needs. While I do not advocate for the opening of Roxham Rd, I strongly emphasize the need to scrap the STCA or rewrite it with more exemptions to address the different conflicts around the world and how they affect US and Canada relations. Often, financial relations take priority over basic refugee human rights, and refugees experience double standards.
As an individual from Turkey, I have observed a significant increase in asylum seekers crossing Mexico, the US, and Roxham Road to reach Canada in recent years. However, there are currently over 300 Turkish individuals who are stuck in Mexico and various US locations, all aiming to reach Canada. In 2022, over 4000 Turkish citizens crossed Roxham Road to seek asylum in Canada, which cost them between $7K to $15K per person, compared to the USA and Canada crossings that cost between $100 to $200.
These individuals now have to resort to dangerous and creative methods to cross unknown areas or pay an additional $2000 to $4000 to “coyotes” to smuggle them into Canada. Asylum seekers’ fundamental human rights should not be compromised just because of their status.
It is time to find a more humane approach to asylum seekers’ rights and ensure that their fundamental human rights are protected. We must address the plight of those who have already crossed the border at Roxham Road and work towards expedited refugee cases and family reunification.
“We cannot deny the fundamental human rights of asylum seekers simply because of their status.” Seyfi Tomar
It is time to scrap the STCA and find a more humane approach to asylum seekers’ rights. The Canadian Civil Liberties Association Had appealed the STCA at the Supreme Court, and CCLA at Supreme Court in Safe Third Countries Agreement Case The Federal Court ruled that the STCA was unconstitutional – a decision that was overturned on appeal for largely technical and procedural reasons, NOT for its content.
Canada is a diverse and welcoming nation that appreciates the contributions of refugees and immigrants. We must uphold our commitment to social justice and human rights for all. It is time to find a better solution for asylum seekers and ensure that their fundamental human rights are protected.
Two taxi drivers surprised them by informing that they were not able to transport them to their destination, leaving them with stunned expressions. The group comprised individuals from a diverse range of countries, such as #Congo, #Cameroon, #Ecuador, #Afghanistan, #Kazakhstan, #Botswana, #Malaysia, #Venezuela, #SriLanka, #Chad, #Colombia, as well as earthquake-affected areas in #Turkey and #Haiti. Later that same day, a group of 11 Turkish men hurried down a dirt path where they were met by an RCMP officer who informed them of their arrest for illegally crossing. The men acknowledged this and were then escorted to a ramp outside a warehouse building where they would undergo processing before being transported to a shelter by bus.
On March 25, 2023, two buses from New York City arrived at a gas station in Plattsburgh, N.Y., where groups of migrants were disembarking, determined to cross into Canada. However, they were met with the news that Roxham Road was closed, leaving them stranded and unsure of their next steps. This is just one example of the human.
Seyfi Tomar
March 26, 2023
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