The Safe Third Country Agreement (STCA) between Canada and the United States has been a contentious topic in recent years. Many Canadians have expressed concerns about the legality and fairness of the agreement, and have urged the Canadian government to reconsider its continued participation in the STCA.

First implemented in 2004, the STCA requires individuals seeking asylum in Canada or the United States to apply in the first safe country they arrive in. This means that if someone crosses the border from the United States into Canada and seeks asylum, they may be turned away and told to apply for asylum in the United States instead.

Proponents of the STCA argue that it helps to prevent “asylum shopping” – a situation where individuals seek asylum in multiple countries, looking for the one with the most favorable conditions. They also note that the agreement promotes cooperation and mutual responsibility between Canada and the United States.

However, critics of the STCA argue that it violates both Canadian and international law by sending refugees back to a country where they may not be safe. They also argue that the agreement unfairly punishes refugees who may have legitimate reasons for seeking asylum in Canada, such as a fear of persecution or violence in their home country.

In July 2020, the Federal Court of Canada ruled that the STCA is unconstitutional, stating that it violates the rights of asylum seekers under the Charter of Rights and Freedoms. The court found that the U.S. asylum system is not safe for all refugees, particularly those who are subject to new restrictions put in place by the Trump administration.

The Canadian government has appealed the ruling, and the case is expected to be heard by the Federal Court of Appeal in early 2021.

In the meantime, the Canadian government has entered into a temporary agreement with the United States that allows for the continued application of the STCA, but with some modifications. Under the new agreement, asylum seekers who are turned away at the Canada-U.S. border will be given the opportunity to apply for asylum in Canada through a virtual hearing process.

The future of the STCA remains uncertain, as legal challenges and public opinion continue to shape the debate. However, it is clear that any decision about the agreement will have significant implications for refugees and asylum seekers in both Canada and the United States.