Canada has turned away at least 4,400 asylum seekers at the U.S. border since 2016 — including some who were hoping to find refuge here at the height of the global pandemic — according to newly released government figures.
Nearly half of those trying to enter Canada over that five-year period made the attempt in the year after U.S. President Donald Trump took office, according to figures released in response to a parliamentary request from NDP MP Jenny Kwan.
Under the Safe Third Country Agreement (STCA), which has been in effect since 2004, Canada and the U.S. consider each other to be “safe countries” for refugees and require them to make their claims in the country they arrive in first.
The agreement has long faced criticism and legal challenges from refugee advocacy groups, who say the agreement is an inhumane way to limit the number of people Canada accepts as refugees. They say the U.S. is not a safe country for all refugees and that the dangers they face have increased under the Trump administration.
The federal government is appealing a Federal Court ruling earlier this year that found the STCA infringed Charter rights.
The figures provided to Kwan show there was a spike in the number of asylum seekers turned back at the border after Trump was elected in 2016 and took office in 2017.
In 2016 there were 742 people turned back at the border. That figure jumped to 1,992 in 2017. There were 744 denied entry in 2018 and 663 in 2019.
Between Jan. 1 and Sept. 23 this year — a period which captures the height of the first wave of COVID-19 — 259 people were turned back at the border.
‘Even more precarious’
Kwan called that “really disturbing.”
“In the face of a pandemic, things are even more precarious for people who need to get to safety and Canada actually did not hesitate to turn people back,” she said.
Kwan said the Trump administration imposed detention and deportation policies that violated international human rights and provoked widespread fear among refugees. By turning away asylum seekers, Canada is “complicit” in the violation of their rights, she said.
Outgoing U.S. President Donald Trump. The number of attempts by asylum seekers to enter Canada from the U.S. spiked in the year following Trump’s election. (Tasos Katopodis/Getty Images)
Kwan said Canada should immediately suspend the STCA and work to negotiate a new agreement with U.S. president-elect Joe Biden that addresses human rights issues. But she said the “aggressive and intense” detention policies could linger.
“I think even with the Biden administration, that policy may still continue to exist, and even if the Biden administration wants to make changes, it’s not going to happen overnight,” she said.
Mary-Liz Power, a spokesperson for Public Safety Minister Bill Blair, said the government appealed the Federal Court ruling because it believes there were errors in key findings of fact and law.
She said the decision mistakenly suggests that all asylum claimants who are ineligible under the STCA and turned back to the U.S. are automatically detained as a penalty. She also noted that the U.S. remains a party to the UN Refugee Convention.
“The STCA, which has served Canada well for 16 years, ensures that those whose lives are in danger are able to claim asylum at the very first opportunity in a safe country,” she said.
“We are in continuous discussions with the U.S. government on issues related to our shared border. We believe that the STCA remains a comprehensive vehicle for the fair, compassionate and orderly handling of asylum claims in our two countries.”
As for the spike in numbers in 2017, Power said that 2017-2018 recorded the highest number of globally displaced individuals since the Second World War.
Justin Mohammed, human rights law and policy campaigner for Amnesty International Canada, said a number of factors could have driven that sharp increase, including global patterns and Trump’s policies.
He said Canada should be fulfilling its international obligations under international refugee law at all times — even during a pandemic, when safety concerns are heightened.
Mohammed pointed to exemptions made for students, family reunification and other immigration classes that allow people to arrive in Canada despite travel restrictions.
“Why are refugees being excluded from that? They’re able to quarantine or be required to have a quarantine plan just like anyone else … so why is there not the ability to be able to provide protection?” he said.
Partial picture
Janet Dench, executive director of the Canadian Council for Refugees, said the 2020 figures represent only a partial picture of the people turned back to the U.S. because of added restrictions after the border closed March 20.
At that time, refugee claimants were denied entry on public health grounds whether they arrived at an official point of entry or at another crossing — such as Roxham Road in Quebec — where the STCA does not normally apply.
Despite assurances the Canadian government says it received from the U.S. that refugee claimants directed back would not be subject to enforcement such as detention or removal, Dench said refugee advocates in Canada know of at least two people who were detained in the U.S. after being directed back.
Conservative immigration critic Raquel Dancho said the Liberal record on administering the refugee and asylum system was one of “mismanagement, years-long backlogs and failure,” even before the pandemic.
“Conservatives have long been calling on the government to close illegal border crossings and work with their American counterparts to close the longstanding loopholes in the Safe Third Country Agreement so that refugee and asylum seekers have a fair, compassionate and effective pathway to come to Canada,” she said in a statement.
EDMONTON – RCMP say a second suspect has been arrested in the killing of an Alberta county worker.
Mounties say 28-year-old Elijah Strawberry was taken into custody Friday at a house on O’Chiese First Nation.
Colin Hough, a worker with Rocky View County, was shot and killed while on the job on a rural road east of Calgary on Aug. 6.
Another man who worked for Fortis Alberta was shot and wounded, and RCMP said the suspects fled in a Rocky View County work truck.
Police later arrested Arthur Wayne Penner, 35, and charged him with first-degree murder and attempted murder, and a warrant was issued for Strawberry’s arrest.
RCMP also said there was a $10,000 reward for information leading to the arrest of Strawberry, describing him as armed and dangerous.
Chief Supt. Roberta McKale, told a news conference in Edmonton that officers had received tips and information over the last few weeks.
“I don’t know of many members that when were stopped, fuelling up our vehicles, we weren’t keeping an eye out, looking for him,” she said.
But officers had been investigating other cases when they found Strawberry.
“Our investigators were in O’Chiese First Nation at a residence on another matter and the major crimes unit was there working another file and ended up locating him hiding in the residence,” McKale said.
While an investigation is still underway, RCMP say they’re confident both suspects in the case are in police custody.
This report by The Canadian Press was first published Sept. 13, 2024.
RICHMOND, B.C. – The Integrated Homicide Investigation Team says the 26-year-old son of a man found dead on British Columbia’s Sunshine Coast has been charged with his murder.
Police say 58-year-old Henry Doyle was found badly injured on a forest service road in Egmont last September and died of his injuries.
The homicide team took over when the BC Coroners Service said the man’s death was suspicious.
It says in a statement that the BC Prosecution Service has approved one count of first-degree murder against the man’s son, Jackson Doyle.
Police say the accused will remain in custody until at least his next court appearance.
The homicide team says investigators remained committed to solving the case with the help of the community of Egmont, the RCMP on the Sunshine Coast and in Richmond, and the Vancouver Police Department.
This report by The Canadian Press was first published Sept. 13, 2024.
VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, have broken off without an agreement following 15 hours of talks.
Joe McCann, president of Amalgamated Transit Union Local 1724, says they stayed at the bargaining table with help from a mediator until 2 a.m. Friday and made “some progress.”
However, he says the union negotiators didn’t get an offer that they could recommend to the membership.
McCann says that in some ways they are close to an agreement, but in other areas they are “miles apart.”
About 600 employees of the door-to-door transit service for people who can’t navigate the conventional transit system have been on strike since last week, pausing service for all but essential medical trips.
McCann asks HandyDART users to be “patient,” since they are trying to get not only a fair contract for workers but also a better service for customers.
He says it’s unclear when the talks will resume, but he hopes next week at the latest.
The employer, Transdev, didn’t reply to an interview request before publication.
This report by The Canadian Press was first published Sept. 13, 2024.
