Canada High Court Upholds Immigration Pact With US

Image copyright: Wikimedia Commons

The Facts

  • The Canadian Supreme Court on Friday upheld the 2002 Safe Third Country Agreement (STCA), an immigration pact with the US that says asylum seekers must apply in the first country they arrive in. Those who reach the US first but cross the border are returned to the US.

  • The Federal Court had found the agreement unconstitutional in 2020, ruling it denied migrants' rights to life, liberty, and security by sending them back to the US, where they're often detained in what it said is solitary confinement or unsafe conditions.


The Spin

Pro-establishment narrative

While the court did agree that some migrants in the US face risks of detention and refoulment upon their expulsion from Canada, it also cited Canada's ability to retain asylum-seekers if they could prove potential harsh treatment in the US. This decision abides by both the STCA and the Constitution, as it upholds the mutually agreed upon treaty and considers the possibility of exceptional asylum cases.

Establishment-critical narrative

Not only does the STCA force vulnerable refugees back into the US, where they will be treated inhumanely, but it gives them no choice but to make dangerous treks across the border to avoid detainment and expulsion. Every refugee has the right to claim asylum in Canada no matter how they arrived, meaning this ruling blatantly violates international law and basic human dignity.

Narrative C

Both conservative and liberal Canadians believe the STCA is flawed but for drastically different reasons. While the right wants to avoid the caravans of migrants the US faces at its southern border, the left thinks everybody should be welcome for any reason. The STCA has been a mess since its implementation, the extent of which is proven by the left and right actually agreeing.


Articles on this story