July 24, 2020
By Dane Stewart
In a decision released on Wednesday, July 22, Canada’s Federal Court ruled that the Safe Third Country Agreement (STCA) is unconstitutional.
The STCA is an agreement between Canada and the United States which requires refugee claimants to request refugee protection in the first safe country they arrive in (unless they qualify for an exception). The agreement is predicated on the idea that both Canada and the United States are safe countries for refugee claimants, therefore whichever of the two countries a person first arrives in is the country where they must request protection.
Under the Safe Third Country Agreement, many individuals and families who first arrive in the U.S. and then travel to Canadian Ports of Entry to claim refugee protections are denied their claim in Canada and returned to the U.S.
The landmark ruling by the Federal Court determined that the United States is no longer a “safe” country, thereby deeming the STCA to be unconstitutional. The STCA will remain in effect for at least six more months, and the decision by the Court may yet be appealed by the Government of Canada.
The decision came from Justice Ann McDonald who determined that the threat of imprisonment many refugee claimants face in the United States are “inconsistent with the spirit and objective of the STCA.”

Get personalized immigration help — for free!
What will be the impacts of this decision on Canadian refugee claims?
If the Safe Third Country Agreement is suspended, this means it would be much easier for individuals physically present in the United States to claim refugee protections at a Canadian Port of Entry without being turned back to the U.S.
This would impact a recent trend of asylum seekers crossing into Canada at non-official Ports of Entry in order to claim asylum from Canadian soil (a loophole in the STCA enables this type of claim if made from inside Canada, as opposed to at a Port of Entry). If the STCA were suspended, these irregular border crossings would likely become unnecessary, as refugee claimants could simply make their claims at official crossings.
Regardless of where or how a person makes a claim for asylum, this person must still go through a lengthy and complex legal process in order to have their claim processed. At the centre of any asylum claim is the burden to prove that a claimant has a well-founded fear of persecution or violence in their home country. The burden of proof lies with the claimant to demonstrate in Canadian legal proceedings.
The Safe Third Country Agreement is a substantial piece of legislation and its suspension is not guaranteed. This is a developing story and will be updated when more information becomes available.
Related articles

Canada to hold first-ever agriculture Express Entry draw
Read more

Canadian population experiences record-breaking growth thanks to international migration
Read more

Express Entry Draw – Latest Figures
Read more

PNP Canada Live Tracker: which PNPs are open?
Read more
-
Canada Abroad
Canada Abroad is a transparent Canadian immigration consultancy with advice you can trust. Led by Deanne Acres-Lans (RCIC #508363), the team delivers professional, regulated, and efficient service.
-
Doherty Fultz Immigration
Led by Anthony Doherty (RCIC #510956) and Cassandra Fultz (#514356), the Doherty Fultz team uses their 40+ years of experience to empower you towards settling in Canada.
-
Perez McKenzie Immigration
Led by Jenny Perez (RCIC #423103), Perez McKenzie Immigration is a Canadian immigration consultancy based in British Columbia, with offices in Vancouver and Whistler.
Get your immigration questions answered by an expert
-
Find the best immigration program for you
Take our free immigration quiz and we'll tell you the best immigration programs for you!
-
Get matched to job opportunities
Get matched to job opportunities from Canadian employers who are seeking to hire people with your skills.
-
Access our immigration roadmaps
Our immigration roadmaps will teach you the basics of Express Entry, study permits, and more! Take control of your own immigration process.