Question Period Note: Safe Third Country Agreement - Litigation Case

In the STCA litigation, the Applicants are seeking a declaration that s. 101(1)(e) of the Immigration and Refugee Protection Act (IRPA) and s.159.3 of the Immigration and Refugee Protection Regulations (IRPR) designating the United States as a safe third country violate sections 7 and 15 of the Charter. The Applicants are also seeking a declaration that the designation of the United States as a safe third country under s.159.3 of the IRPR is ultra vires (without lawful authority) on the basis that the United States is not and has never been a country that respects the non-refoulement provisions of the Refugee Convention and the Convention Against Torture.

• Canada and the United States benefit from a long history of mutual cooperation on issues related to border integrity.
• The Safe Third Country Agreement was signed in recognition that both countries share a mutual responsibility to protect human rights and fundamental freedoms.
• It would be inappropriate to comment on details of the consolidated cases as they are currently before the Court.

• The Safe Third Country Agreement (STCA), in effect since December 2004, requires that asylum claimants seek protection in the first safe country that they enter (i.e., either Canada or the U.S.).

• The objectives of the STCA are to enhance the orderly handling of refugee claims, strengthen public confidence in the integrity of our refugee systems, reduce abuse and share responsibility for providing protection to those who meet the refugee definition.

• The STCA applies to asylum claimants who are seeking entry to Canada from the U.S. at a land port of entry and do not meet an exception under the Regulations. It does not apply to persons arriving by air or who cross into Canada between ports of entry. Persons who are not eligible to make an asylum claim at the land port of entry under the STCA are returned to the U.S. as soon as possible.

• IRCC has been in continuous contact with the U.S. Government, including with the Department of Homeland Security and U.S. State Department, on issues related to our shared border.
• In 2017, three applicants filed an application for leave and judicial review with the Federal Court challenging the STCA. The applications were consolidated.
• The hearing was heard November 4 to 8, 2019, and the Court has reserved its decision. While there is no timeline for when the Court will rule on the case, a decision is expected within six to 12 months.

None