Question Period Note: Irregular Migration at Roxham Road and the Safe Third Country Agreement

There is heightened media attention surrounding increased volumes of asylum seekers crossing from the United States (U.S.) into Canada in-between ports of entry, primarily at Roxham Road; and whether or not Canada and the United States are re-negotiating the Safe Third Country Agreement.

•Canada is committed to upholding a fair and compassionate asylum system to assist those in genuine need of protection.
•The Government of Canada works closely with the United States on a wide variety of cross-border issues, including irregular migration.
•We continue to work with our U.S. partners so that the Safe Third Country Agreement (STCA) contributes to the compassionate and fair treatment of asylum claimants.
•However, at this time, I am not in a position to comment or disclose details of bilateral border management discussions.
•Individuals should continue to seek asylum in the first safe country they enter after fleeing persecution.
•Crossing between ports of entry can be dangerous, and risks include environmental factors, as well as becoming susceptible to exploitation.
•We encourage all those coming to Canada to enter at an official port of entry.

Managing Irregular Migration:
•The Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA) are working together to uphold Canada’s border integrity and security. Both agencies are playing a critical role in defending Canada’s border by working alongside domestic and international partners to deter and intercept irregular entries.
•As it pertains to border security in-between ports of entry, such as Roxham Road, the RCMP is managing the interception of irregular arrivals and transferring these individuals to the nearest CBSA port of entry; where CBSA continues security screening and processing in coordination with Immigration, Refugees and Citizenship Canada (IRCC).
•Our government is taking a collaborative approach in managing fluctuations in the volume of asylum claims.
•We are working closely with provincial and municipal partners to ensure asylum claimants are safe and have access to necessities, while they wait for their asylum claims to be assessed.

RCMP Operations at Roxham Road:
•To manage the increased flow of irregular migration at Roxham Road, the RCMP has well-established presence at the crossing to help sustain the organization’s operations, working to address irregular migration in the area.
•In addition, the RCMP has procedures in place to respond to an influx of irregular migrants between the Ports of Entry at the Canada-U.S. border in general and Roxham Road more specifically, which have been successfully deployed in the past.
•The RCMP works closely with U.S. counterparts at the border in order to investigate attempted border crossings and irregular migration events, as well as monitoring volumes of northbound irregular migrants.

If pressed on STCA litigation:
•The legislative framework for the STCA was upheld by the Federal Court of Appeal in April 2021 and it continues to apply at the Canada-U.S. border. As this matter is before the Supreme Court, I am unable to comment further at this time.

The Canada-U.S. Safe Third Country Agreement was implemented in 2004, and requires asylum seekers to claim asylum in the first safe country they arrive in (i.e., either Canada or the U.S.), unless they qualify for an exemption.

The purpose of the Agreement is to improve the management of asylum claims, share responsibility for protecting those genuinely in need, as well as improve public confidence in the integrity of Canada’s border management and immigration systems.

The Agreement does not apply to anyone who meets an Agreement exemption, such as:
•people who have a family member in Canada;
•unaccompanied minors;
•people who hold a valid travel document issued by Canada or who are from a visa-exempt country for Canada but require a visa to enter the U.S.; and
•people who meet the public interest exception.

It also does not apply to claims made by people who entered Canada between ports of entry.

Since 2017, Canada has experienced a surge in asylum volumes. Though numbers declined during the pandemic due to border restrictions enacted under the authority of the Quarantine Act, volumes increased once restrictions were lifted. Throughout 2022, Canada received over ~39,000 irregular arrivals, with the majority entering via Roxham Road. This increase in volumes has added to asylum claim backlogs.

Quebec has largely received (at first instance) the influx of asylum volumes and has stated that they no longer have the resources to meet the ongoing demand for interim housing and social services. As a result, the federal government has increased the transfer of irregular arrivals to other provinces.

According to United High Commissioner for Refugees (UNHCR), by mid-2022 there were over 100 million displaced people worldwide. Due to increasing global instability and other geopolitical push-factors, high asylum volumes are expected to persist.

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