By Anna Mehler Paperny

TORONTO, Reuters – Canada has agreed to turn away asylum-seekers from the United States under an agreement. However, Canada has enough safety valves and the U.S. asylum systems have sufficient safeguards that the pact can be declared constitutional in Canada. These arguments were made in court papers filed before Canada’s Supreme Court.

In 2002, the Safe Third Country Agreement was established. Asylum-seekers who attempt to cross Canada’s border with the United States at formal crossings will be turned back and instructed to file for refugee status within the country where they have arrived.

Canada’s argument states that “It does no shock the conscience to ask claimants who arrived in the United States first to come back to pursue their claims.”

It is reasonable and in the Canadian government’s power. The designation of the United States “safe” remains acceptable, however.

Canadian courts have twice ruled that the agreement is unconstitutional. Appeal courts twice overturned those rulings. The agreement is being reviewed by Canada’s Supreme Court for the first time.

Canadian refugee advocates argue that this agreement is in violation of asylum seekers’ Charter rights to freedom, security and life. These advocates claim that the U.S. system differs from Canada’s. People who turn back under the agreement can be kept indefinitely in American detention and even deported if they could have been granted refugee status in Canada.

Canada continues to push the United States to extend the Agreement so it applies across the whole border rather than only at official crossings.

Asylum-seekers now have the ability to enter Canada via ports such as Roxham Road, Quebec. They can also file refugee applications. This winter, the number of asylum-seekers filing refugee claims in Canada has reached levels not seen since 2017.