e-4404 (Citizenship and immigration)

Canada has a proud history of protecting and helping resettle the world’s most vulnerable groups and remains firmly committed to upholding its international obligations and maintaining a fair and compassionate refugee protection system which meets our international obligations.

The Canada - U.S. Safe Third Country Agreement (STCA), in effect since 2004, is based on the principle accepted by the United Nations High Commissioner for Refugees (UNHCR) that asylum seekers should make their claim in the first country they arrive, in which it is safe to do so. The Canada - U.S. STCA requires that foreign nationals seek protection in either the U.S. or Canada, whichever they arrive in first, unless they meet an exception to the Agreement (e.g., having family member in Canada (with some restrictions)).

The Government maintains that the STCA enhances the orderly management of asylum claims at the border, strengthening the integrity of our asylum system and public confidence in border integrity. Asylum seekers continue to have the opportunity to make an asylum claim in the U.S. if they are returned by Canada under the Agreement (or vice versa). When the Additional Protocol to the STCA came into effect on March 25, 2023, the STCA was able to be applied to all individuals entering Canada from the U.S. at the land border regardless of their location of entry. This ensured consistent treatment of claimants and removed the incentive to cross irregularly to evade the application of the STCA at ports of entry.

In June 2023, the Supreme Court of Canada upheld the constitutionality of the designation of the U.S. as a safe third country under s.7 of the Charter (right to life, liberty and security); a status that is subject to ongoing review by Immigration, Refugees and Citizenship Canada (IRCC) under the four criteria set out under the Immigration and Refugee Protection Act (IRPA):

1. Being a party to the Refugee Convention and to the Convention Against Torture;
2. Maintaining domestic policies and practices that respect international obligations;
3. Human rights record in the country; and
4. Being a party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

The Government of Canada strongly discourages irregular crossings, which can be risky and dangerous to those involved. IRCC supports the Royal Canadian Mounted Police (RCMP) and Canada Border Services Agency (CBSA) in their efforts to detect and disrupt human smuggling networks, and to combat international criminal organizations that seek to profit from the desperation and vulnerability of others.

Canada is also party to the United Nations Protocol against Migrant Smuggling by Land, Sea and Air, which requires states parties to criminalize, prevent and combat this illegal activity. We encourage other countries to ratify and implement this Protocol, as well as its parent convention, the United Nations Convention against Transnational Organized Crime.

While Canada’s law enforcement agencies work with international partners to disrupt smuggling networks, IRCC continues to develop new pathways to provide alternatives to irregular migration. In October of this year we announced the new humanitarian permanent residence pathway for 11,000 Haitians, Colombians and Venezuelans, as part of our commitment to welcome 15,000 migrants from Western Hemisphere on humanitarian basis with a path to economic opportunities, as an alternative to irregular migration

Canada is also working with international partners in the Americas, such as the International Organization for Migration and the UNHCR to increase the capacity of transit and host countries to respond to the needs of the large scale mixed migration movements. This assistance also addresses the root causes of irregular migration and forced displacement, expands regular migration pathways, responds to humanitarian crises and helps to build more durable, stable and safe societies in Latin America and the Caribbean.