Unsafe Haven: Rethinking the Canada-US Safe Third Country Agreement

The Safe Third Country Agreement (STCA) between Canada and the United States took effect in 2004 based on the premise that both countries shared similar migration policies and were considered safe for all refugees. The STCA has been flawed since its inception but it is now clearer than ever that refugees are not safe in the United States. Several organizations, such as the Canadian Council for Refugees and Amnesty International, have called on the Canadian government to withdraw from the Safe Third Country Agreement.

What is the Canada-US Safe Third Country Agreement?

Refugees are individuals who leave their home countries due to a well-founded fear of persecution, war, or violence and are unable to return home without risking their lives, safety, or freedom. Refugees who seek protection in another country are protected by international law and the principle of non-refoulement, a rule prohibiting states from deporting an individual back to a country where their life or freedom is at risk. 

Because migration processes differ in each country, a person seeking asylum may be eligible for refugee status in one country but not another. While enduring difficult living conditions and fearing for their or their family's well-being, refugees may request protection from several countries over a short period. With the apparent aim to reduce inefficiencies in migration processes, Canada and the United States established the Safe Third Country Agreement (STCA), which came into effect on December 29, 2004. 

Under the STCA, refugee claimants are required to apply for refugee status in the first safe country they arrive in. It prevents refugee claimants from seeking asylum in Canada while being in the United States or vice versa, unless they qualify for an exception.

The STCA's Shortcomings

The Safe Third Country Agreement (STCA) was established based on the idea that both countries would maintain similar migration policies. The STCA makes the assumption that both Canada and the United States will equally respect the right to seek asylum and that refugees are safe on both sides of the border. However, the anti-migration policies of the Trump administration have challenged this assumption.

At the end of 2020, CBC reported that in the previous 5 years, at least 4,400 asylum seekers had been turned away at the border under the STCA. It also reported that at least 1,992 of the 4,400 asylum seekers had done so in 2017, the year of President Trump’s first inauguration. 

In 2017, the Canadian Council for Refugees, Amnesty International Canada, and the Canadian Council of Churches challenged the STCA in court on the grounds that it violated sections 7 and 15 of the Canadian Charter of Rights and Freedoms. The Supreme Court ruled that the STCA does not violate section 7 of the Charter because of the existence of ‘safety valves’ at the border, but the question of equality under the STCA has been sent back to the Federal Court. 

At a time when the United States no longer constitutes a safe place for asylum seekers, it is necessary to look into the consequences of the STCA on the security and well-being of those seeking asylum, but also for Canada’s reputation as a leading nation in the protection of refugees. As Ketty Nivyabandi, Secretary General of Amnesty International, stated: 

“Canada’s assertion that the United States remains

a safe country for refugees under the Trump administration

is a cruel irony to those fleeing persecution today.”

Mounting Pressure to Withdraw from the STCA

Experts and organizations have been calling on the Government of Canada to withdraw from the Safe Third Country Agreement for several years. However, these calls have grown significantly over the past few months due to the mistreatment of migrants in the US and the implementation of strict anti-migration policies at its borders.

On February 4, 2025, Amnesty International and the Canadian Council for Refugees (CCR) called on Canada to withdraw from the STCA stating: “Under article 6 of the STCA, Canada already has the authority to admit any refugee claimants ‘where it determines that it is in its public interest to do so.’ [...] The organizations maintain, however, that the only effective way to ensure refugees are protected is to withdraw from the Safe Third Country Agreement.”

Further research on the current effectiveness of the Safe Third Country Agreement must be conducted to determine the extent of its consequences for refugees, but also for the American and Canadian governments. Nonetheless, immediate withdrawal from the agreement is necessary for the respect of the fundamental human rights of asylum seekers.