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Canada-U.S. Safe Third Country Agreement, explained – CTV News

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The Supreme Court of Canada will take time to weigh arguments about the constitutionality of an 18-year refugee agreement between Ottawa and Washington after hearing a challenge Thursday from claimants and human rights advocates.

The Canada-U.S. Safe Third Country Agreement (STCA) allows Canada to turn away asylum seekers seeking entry from the U.S. at official land border crossings.

However, human rights groups say the U.S. is not a “safe country” for asylum seekers and the pact allows Canada to skirt its international obligations for refugee claimants.

CTVNews.ca breaks down what the agreement entails.

WHAT DOES THE STCA DO?

The Canada-U.S. Safe Third Country Agreement was signed in 2002 and came into effect in 2004. Under the agreement, those seeking refugee status in either Canada or the U.S. must make their claim in the first country they enter.

That means most asylum seekers who attempt to cross into Canada at an official crossing are turned away and are told they need to make their asylum claim in the U.S., and vice versa. The only exemptions apply to unaccompanied minors and those with close family members living in Canada.

“If one of those narrow exemptions does not apply, you’re not able to make a claim for refugee protection in Canada. And so what that means is that you’re ordered to be removed or deported, and they contact U.S. authorities,” Amnesty International’s Julia Sande told CTV’s Your Morning on Thursday.

But the agreement has one key loophole: it only applies to official land border crossings. That means that asylum seekers who manage to make a refugee claim within Canada while bypassing an official border crossing won’t be sent back to the U.S.

This has prompted tens of thousands of asylum seekers to enter Canada at irregular crossings, such as Roxham Road, a rural road that goes through the border between Quebec and New York State.

HOW MANY ASYLUM SEEKERS HAVE CROSSED IRREGULARLY?

Since February 2017, Canada has seen 67,805 irregular crossers enter the country. Of these, 28,332 (41 per cent) have had their refugee claims approved. In addition, 19,646 refugee claims have been rejected, 13,369 are still pending and the rest have either been withdrawn or abandoned, according to the Immigration and Refugee Board of Canada (IRB).

Irregular crossings into Canada surged after Donald Trump became president of the United States in 2017, as concerns grew over his anti-immigration rhetoric and executive orders limiting the number of refugees admitted.

According to data from the IRB, the number of irregular crossings peaked between July and September 2017. During this time period, 8,558 asylum seekers irregularly crossed into Canada, corresponding to an average of 2,853 per month.

The average number of irregular crossers per month dipped after that and hovered between 1,200 and 1,400 from late 2018 to early 2020. However, irregular crossings came to a near screeching halt after COVID-19 restrictions at the border were put in place in March 2020 and asylum seekers were sent back to the U.S. unless they met one of the exemptions.

In November 2021, as Canada continued lifting COVID-19 measures at the border, irregular crossers were once again allowed to enter the country and make a claim. Between April and June 2022, 4,512 irregular crossers entered Canada — the most seen since 2019, according to the IRB.

WHAT DO OPPONENTS OF THE STCA SAY?

In 2017, Amnesty International, the Canadian Council for Refugees, and the Canadian Council of Churches launched a lawsuit challenging the constitutionality of the Safe Third Country Agreement.

The organizations say the legislation underpinning the STCA violates Section 7 of the Charter of Rights and Freedoms, which guarantees life, liberty and security of the person, in addition to Section 15, which guarantees equal protection and benefit under the law.

Sande says asylum seekers who are turned back from Canada often face immigration detention in the U.S.

“When people are in detention, they’re subjected to solitary confinement, staggering rates of sexual violence, really inhumane conditions, not given religiously appropriate food,” she said. “The detention in itself is problematic and harmful. But in addition, when you’re in detention, it’s a lot more difficult to access counsel.”

Sande says the increased difficulty accessing legal counsel means asylum seekers have a higher chance of being deported. On top of that, she said crossing the border at irregular crossings can come with serious risks.

Many of these crossers use Roxham Road, where the RCMP have set up a presence to handle the high volume of asylum seekers. But at other parts of the border, some asylum seekers have made long journeys on foot through empty farm fields in the winter, risking frostbite.

“We’ve heard of people losing fingers from frostbite and really putting themselves at risk. And so I would say it’s neither compassionate nor orderly,” Sande said.

Canada is also subject to the 1951 Refugee Convention, which stipulates that states cannot return refugees to dangerous countries. The human rights groups argue the pact lets Canada “contract out” its international obligations to refugee claimants without proper followup the U.S. is doing the job.

In July 2020, the Federal Court agreed, and ruled the Safe Third Country Agreement was unconstitutional. The federal government appealed the ruling and last December, the Supreme Court announced that it would hear the case.

WHAT HAVE FEDERAL PARTIES SAID?

The NDP and the Bloc Quebecois have long called on the federal government to suspend the Safe Third Country Agreement, and allow asylum seekers to cross into Canada at official crossings so they won’t have to make potentially dangerous journeys through irregular crossings.

Meanwhile, the Conservatives say the STCA should be strengthened to allow Canada to send irregular crossers back to the U.S.

The three opposition parties recently signed a letter calling for an inquiry looking at how public funds were used to build intake facilities at the border near Roxham Road.

In the House of Commons on Wednesday, Prime Minister Justin Trudeau said Canada “works with the U.S. government every day to improve the Safe Third Country Agreement.” Immigration, Refugees and Citizenship Canada (IRCC) told CTV’s Your Morning the agreement “has served Canada well” and is necessary to ensure that the border “remains well-managed.”

“Canada believes that the STCA remains a comprehensive means for the compassionate, fair and orderly handling of asylum claims in our two countries,” IRCC said in an email statement.

Quebec Premier Francois Legault has also called on the feds to close the unofficial Roxham Road crossing and said his government does not have the capacity to deal with the influx of people. Public Safety Minister Marco Mendicino said on Thursday the government is working “very carefully with Quebec” to manage the flow of asylum seekers.

“We transfer significant federal funds to that province every year to help with ensuring that there is due process, that there… is a baseline of support for people who are filing claims,” he told reporters before a cabinet meeting in Ottawa.

“We have to reach agreements, with partnerships with the United States, with Quebec, and that’s exactly what the federal government will do,” he added in French.

With files from The Canadian Press

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Armstrong scores, surging Vancouver Whitecaps beat slumping San Jose Earthquakes 2-0

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VANCOUVER – As the Major League Soccer season ticks down, Vanni Sartini wants his Vancouver Whitecaps to make a declaration — the team is ready to compete.

“The time of hiding ourselves, I think it’s over,” the coach said after the ‘Caps earned a 2-0 victory over the San Jose Earthquakes on Saturday.

“We need to really say that we are here to try to be at the ball until the end and trying to shoot for the highest position. That doesn’t mean that we’re going to make it, but we have the quality to do it.”

With seven games left on their regular-season schedule, the ‘Caps (13-8-6) sit in fifth spot in the congested Western Conference, just two points out of fourth.

Saturday’s loss officially eliminated the last-place Earthquakes (5-21-2) from post-season action.

Vancouver has been on a hot streak since returning from the Leagues Cup break and is unbeaten (3-0-1) in its last four outings across all competitions. The team has not allowed a goal in those matches.

“It’s the fact that we play really well,” Sartini said of the clean sheets. “We have the ball a lot, we finish our attack most of the time in their box. So it’s really hard for the other team to attack us. And then when they attack us, in the rare times that they arrive in the final third, we’re very solid.”

Recent additions have bolstered the team’s ranks, including the club’s newest designated player, Stuart Armstrong. The 32-year-old Scottish midfielder scored his first MLS goal Saturday.

Three minutes after coming on as a substitute for Alessandro Schopf, Armstrong gave Vancouver a two-goal cushion in the 87th minute.

Midfielder Pedro Vite dished a short pass to ‘Caps captain Ryan Gauld, who tapped it toward Armstrong. The former Southampton FC player then blasted a shot into the top of the net for his first strike in a Whitecaps’ jersey.

He was mobbed by teammates in the corner of the field.

“I think everyone was happy. Also for the first goal, but also that it was an important three points,” said Armstrong, who signed with the ‘Caps on Sept. 3.

“It kind of felt a little bit like last week, when we had a lot of chances and we didn’t get the three points. So today, I think everyone was just relieved to have that two-goal cushion.”

Vancouver was the dominant team from the outset Saturday and did not relent, outshooting the visitors 19-5 and controlling 54.1 per cent of possession.

Fafa Picault also found the back of the net for Vancouver, while Gauld contributed a pair of assists.

Whitecaps goalkeeper Yohei Takaoka stopped both shots he faced to collect his seventh clean sheet of the year, while Daniel made nine saves for the Quakes.

Gauld and Picault teamed up in the 22nd minute when Gauld curled a cross in and the Haitian striker headed it down toward the net, only to see Daniel catch a piece of the shot with his forearm and redirect it out of harm’s way.

The duo connected again in the 35th minute on a Vancouver corner. Gauld swung a ball in and Picault jumped up from the pack to send a glancing header in past Daniel for his ninth MLS goal of the season.

San Jose briefly appeared to level the score in the 68th minute when an unmarked Ousseni Bouda collected the ball, froze Takaoka and tapped a shot into the Vancouver net. An official quickly raised the offside flag and waved off the tally.

Daniel kept San Jose’s deficit to a single goal with a pair of solid stops in the 82nd minute.

First, the Brazilian ‘keeper dove sideways on his line to tip away a bomb from Alessandro Schopf. He was tested again on the ensuing corner and jumped up to send a header from Picault over the crossbar.

“I think we created a lot of chances again,” Gauld said.

“We probably should have put the game out of their reach sooner. But we’d be more worried if we weren’t creating the chances. Three clean sheets in a row in the league, I think it’s a big thing for us. And it gives us a good platform to go forward.”

NOTES

Vancouver played without leading scorer Brian White for a third consecutive game as the American striker works his way back from a concussion. … Gauld’s second assist marked his 15th goal contribution (six goals, nine assists) in his last 15 Whitecaps games across all competitions. … An announced crowd of 21,309 took in the game at B.C. Place.

UP NEXT

The Whitecaps kick off a two-game road swing Wednesday against the Houston Dynamo. The Earthquakes host the Seattle Sounders the same night.

This report by The Canadian Press was first published Sept. 14, 2024.



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As plant-based milk becomes more popular, brands look for new ways to compete

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When it comes to plant-based alternatives, Canadians have never had so many options — and nowhere is that choice more abundantly clear than in the milk section of the dairy aisle.

To meet growing demand, companies are investing in new products and technology to keep up with consumer tastes and differentiate themselves from all the other players on the shelf.

“The product mix has just expanded so fast,” said Liza Amlani, co-founder of the Retail Strategy Group.

She said younger generations in particular are driving growth in the plant-based market as they are consuming less dairy and meat.

Commercial sales of dairy milk have been weakening for years, according to research firm Mintel, likely in part because of the rise of plant-based alternatives — even though many Canadians still drink dairy.

The No. 1 reason people opt for plant-based milk is because they see it as healthier than dairy, said Joel Gregoire, Mintel’s associate director for food and drink.

“Plant-based milk, the one thing about it — it’s not new. It’s been around for quite some time. It’s pretty established,” said Gregoire.

Because of that, it serves as an “entry point” for many consumers interested in plant-based alternatives to animal products, he said.

Plant-based milk consumption is expected to continue growing in the coming years, according to Mintel research, with more options available than ever and more consumers opting for a diet that includes both dairy and non-dairy milk.

A 2023 report by Ernst & Young for Protein Industries Canada projected that the plant-based dairy market will reach US$51.3 billion in 2035, at a compound annual growth rate of 9.5 per cent.

Because of this growth opportunity, even well-established dairy or plant-based companies are stepping up their game.

It’s been more than three decades since Saint-Hyacinthe, Que.-based Natura first launched a line of soy beverages. Over the years, the company has rolled out new products to meet rising demand, and earlier this year launched a line of oat beverages that it says are the only ones with a stamp of approval from Celiac Canada.

Competition is tough, said owner and founder Nick Feldman — especially from large American brands, which have the money to ensure their products hit shelves across the country.

Natura has kept growing, though, with a focus on using organic ingredients and localized production from raw materials.

“We’re maybe not appealing to the mass market, but we’re appealing to the natural consumer, to the organic consumer,” Feldman said.

Amlani said brands are increasingly advertising the simplicity of their ingredient lists. She’s also noticing more companies offering different kinds of products, such as coffee creamers.

Companies are also looking to stand out through eye-catching packaging and marketing, added Amlani, and by competing on price.

Besides all the companies competing for shelf space, there are many different kinds of plant-based milk consumers can choose from, such as almond, soy, oat, rice, hazelnut, macadamia, pea, coconut and hemp.

However, one alternative in particular has enjoyed a recent, rapid ascendance in popularity.

“I would say oat is the big up-and-coming product,” said Feldman.

Mintel’s report found the share of Canadians who say they buy oat milk has quadrupled between 2019 and 2023 (though almond is still the most popular).

“There seems to be a very nice marriage of coffee and oat milk,” said Feldman. “The flavour combination is excellent, better than any other non-dairy alternative.”

The beverage’s surge in popularity in cafés is a big part of why it’s ascending so quickly, said Gregoire — its texture and ability to froth makes it a good alternative for lattes and cappuccinos.

It’s also a good example of companies making a strong “use case” for yet another new entrant in a competitive market, he said.

Amid the long-standing brands and new entrants, there’s another — perhaps unexpected — group of players that has been increasingly investing in plant-based milk alternatives: dairy companies.

For example, Danone has owned the Silk and So Delicious brands since an acquisition in 2014, and long-standing U.S. dairy company HP Hood LLC launched Planet Oat in 2018.

Lactalis Canada also recently converted its facility in Sudbury, Ont., to manufacture its new plant-based Enjoy! brand, with beverages made from oats, almonds and hazelnuts.

“As an organization, we obviously follow consumer trends, and have seen the amount of interest in plant-based products, particularly fluid beverages,” said Mark Taylor, president and CEO of Lactalis Canada, whose parent company Lactalis is the largest dairy products company in the world.

The facility was a milk processing plant for six decades, until Lactalis Canada began renovating it in 2022. It now manufactures not only the new brand, but also the company’s existing Sensational Soy brand, and is the company’s first dedicated plant-based facility.

“We’re predominantly a dairy company, and we’ll always predominantly be a dairy company, but we see these products as complementary,” said Taylor.

It makes sense that major dairy companies want to get in on plant-based milk, said Gregoire. The dairy business is large — a “cash cow,” if you will — but not really growing, while plant-based products are seeing a boom.

“If I’m looking for avenues of growth, I don’t want to be left behind,” he said.

Gregoire said there’s a potential for consumers to get confused with so many options, which is why it’s so important for brands to find a way to differentiate themselves, whether it’s with taste, health, or how well the drink froths for a latte.

Competition in a more crowded market is challenging, but Taylor believes it results in better products for consumers.

“It keeps you sharp, and it forces you to be really good at what you’re doing. It drives innovation,” he said.

This report by The Canadian Press was first published Sept. 15, 2024.



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Inflation expected to ease to 2.1%, lowest level since March 2021: economists

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Economists anticipate that Canada’s annual inflation rate in August fell to its lowest level since March 2021.

Ahead of Statistics Canada’s consumer price index set to be released on Tuesday, economists polled by Reuters are expecting the report to show prices rose 2.1 per cent from a year ago, down from a 2.5 per cent annual gain in July. The forecasters also anticipate inflation remained flat on a month-over-month basis.

“Unless there’s something lurking out there that we’re not aware of, it looks like we’re headed for a pretty favourable reading,” said BMO chief economist Douglas Porter.

RBC economists Nathan Janzen and Claire Fan said in a report last week that those expectations would put the headline inflation rate just a hair over the Bank of Canada’s two per cent inflation target.

“Most of that August slowing is expected from a pullback in gasoline prices, but the (Bank of Canada’s) preferred core CPI measures are also expected to trend lower, with the closely-watched three-month annualized growth rate easing from an average of 2.6 per cent in July,” the RBC economists said.

The continued progress on slowing inflation comes as the central bank has signalled a willingness to speed up cuts to its key lending rate if circumstances warrant.

The Bank of Canada reduced its key lending rate by a quarter-percentage point earlier this month — the third consecutive cut — to 4.25 per cent. Governor Tiff Macklem said the decision was motivated by falling inflation, noting if the CPI moving forward “was significantly weaker than we expected … it could be appropriate to take a bigger step, something bigger than 25 basis points.”

On the other hand, Macklem said if inflation is stronger than expected, the bank could slow the pace of rate cuts.

Inflation has remained below three per cent since January and fears of price growth reaccelerating have diminished as the economy has weakened.

Porter said despite progress on the inflation rate, it’s still “not in a place where it’s a compelling argument that the bank has to go even faster.”

He forecasts the central bank will cut its key lending rate by a quarter-percentage point at every meeting until July 2025, bringing it down to 2.5 per cent by that time. That prediction also comes after data released last week that showed Canada’s unemployment rate rose to 6.6 per cent in August from 6.4 per cent in July.

However, Porter said it’s possible the bank could speed up its rate cutting cycle if inflation continues easing.

“If we’re going to be wrong, it’s that we’re going to get to 2.5 per cent even more quickly and possibly lower than that,” said Porter.

“There is a case to be made that if the economy were to weaken further, there’s little reason for the bank to keep rates in what they consider to be the neutral zone. They could go below that.”

Shelter costs have remained the main driver of inflation as Canadians face high rents and mortgage payments. Porter noted that when factoring out housing costs, inflation in both Canada and U.S. is hovering slightly above one per cent.

“So really, the only thing keeping Canadian inflation above two per cent is shelter and it does look like shelter costs are probably going to fade,” he said.

“It looks as if rents are starting to moderate. They’re not necessarily falling, but not rising as quickly. And of course with interest rates coming down, ultimately the big kahuna here, mortgage interest costs, will recede as well.”

With the U.S. Federal Reserve set to meet on Wednesday, Janzen and Fan said they expect the American central bank to announce its first rate cut in four years.

“Gradual but persistent labour market softening and slowing inflation make it clear that current high interest rates are no longer needed,” they wrote.

“We think governor (Jerome) Powell’s comments will likely stay on the cautious side — hinting at future rate cuts without committing to a pre-determined path to allow for more flexibility in future decisions.”

—With files from Nojoud Al Mallees in Ottawa

This report by The Canadian Press was first published Sept. 15, 2024.

The Canadian Press. All rights reserved.



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