Immigration Announcement
Canada Faces Court Battle Over Safe Third Country Agreement with U.S.
The federal government is now facing a serious legal challenge as immigration advocates question Canada’s ongoing trust in the United States as a “safe” partner for asylum seekers. The case revolves around the Safe Third Country Agreement (STCA)—a treaty that prevents most refugee claimants from seeking protection in Canada if they first passed through the U.S.
This agreement rests on the assumption that both countries provide fair and reliable refugee protection. But according to recent legal filings and mounting real-world incidents, that trust may be dangerously misplaced.
Why Is the Agreement Being Challenged?
The Canadian Association of Refugee Lawyers (CARL) and the South Asian Legal Clinic of Ontario (SALCO) have launched an application for judicial review. They argue that Canada has failed to publicly review or update the U.S.’s human rights and refugee protection record since 2009, even though it is legally required to do so under the STCA.
This lack of transparency raises two major concerns:
- It prevents the public and courts from evaluating whether the U.S. still meets the standards of a safe country.
- It puts asylum seekers at risk of detention, deportation, or worse, without access to Canada’s refugee protection system.
Lawyer Maureen Silcoff, representing CARL, said this lawsuit is about basic accountability: “What we see happening at the Canada-U.S. border is quite troubling.”
Troubling Trends Across the Border
The case grows stronger with ongoing reports of harsh treatment of asylum seekers by U.S. authorities. Executive orders from former U.S. President Donald Trump initiated a wave of immigration crackdowns, many of which remain in effect. Rights groups allege that some claimants are held in undisclosed facilities and deported without a fair hearing, direct violations of international human rights standards.
Legal expert Sujit Choudhry, representing SALCO, warned that if Canada wrongly designates the U.S. as safe, and someone is sent back only to face torture or persecution, Canada would be violating its own Constitution.
The Road Ahead for the Safe Third Country Agreement
This case signals a major test for the Safe Third Country Agreement. Advocates are demanding clarity on how Ottawa evaluates its partners’ refugee system. Without public evidence of safety reviews, trust in the STCA continues to erode.
With court proceedings underway, Canada must now face serious questions: Is the Safe Third Country Agreement still aligned with the values and legal obligations of the Canadian refugee system?
As this case unfolds, the debate over the Safe Third Country Agreement will likely reshape Canada’s refugee policies in the months ahead.
Canada’s faith in the Safe Third Country Agreement is under fire, and rightly so. With growing concerns about U.S. immigration practices, the Canadian government must ensure that it is not turning away vulnerable claimants without fair review. At the heart of this case lies one urgent question: Can we still call the U.S. a safe country for refugees?
