Safe Third Agreement Meaning

The Safe Third Country Agreement (STCA) is an immigration agreement between Canada and the United States that allows each country to refuse asylum seekers who arrive at their border if they have already sought asylum in the other country.

The STCA was implemented in 2004 as a response to the increasing number of asylum seekers crossing the Canadian border from the United States. The agreement aims to ensure that asylum seekers make their claims in the first safe country they reach, rather than “shopping” for a country that they perceive to be more favorable.

The STCA applies to most asylum seekers who arrive at the Canadian border from the United States and vice versa. However, there are some exceptions, such as if the asylum seeker has family members already in Canada, or if they can prove that they would face persecution or torture in the United States.

Critics of the STCA argue that it violates the rights of asylum seekers and puts them at risk of being returned to a country where they may face harm. They also argue that the United States is not always a safe country for asylum seekers, particularly under the current administration`s policies.

In 2020, Canada`s Federal Court ruled that the STCA violates the Charter of Rights and Freedoms, as it discriminates against asylum seekers based on their nationality and places them at risk of being returned to the United States.

The Canadian government has announced that it will no longer defend the constitutionality of the STCA in court, and has begun the process of withdrawing from the agreement. However, due to the COVID-19 pandemic and restrictions at the border, the withdrawal has been postponed.

In conclusion, the Safe Third Country Agreement is an immigration agreement between Canada and the United States that allows each country to refuse asylum seekers who have already sought asylum in the other country. While it aims to ensure that asylum seekers make their claims in the first safe country they reach, it has been criticized for violating the rights of asylum seekers and putting them at risk of being returned to a country where they may face harm. With the Federal Court`s ruling that the STCA violates the Charter of Rights and Freedoms, and Canada`s announcement to withdraw from the agreement, the STCA`s future remains uncertain.