The Safe Third Country Agreement (STCA) is a treaty between Canada and the United States that affects asylum seekers. It requires refugees to seek protection in the first safe country they arrive in, meaning that most asylum seekers traveling from the U.S. to Canada cannot claim refugee status at a land border crossing.
1. How the STCA Works
Under the agreement, individuals must claim asylum in the first safe country they arrive in unless they qualify for an exception. This means:
- If an asylum seeker enters the U.S. first, they must apply for asylum there rather than crossing into Canada to make a claim.
- If an asylum seeker enters Canada first, they cannot go to the U.S. to seek asylum.
2. Exceptions to the STCA
Certain individuals can still apply for asylum in Canada even if they arrive from the U.S., including:
✅ Family Members in Canada – If an asylum seeker has close relatives who are Canadian citizens, permanent residents, or accepted refugees.
✅ Unaccompanied Minors – Children under 18 without parents or legal guardians in either country.
✅ Individuals with a Valid Canadian Visa or Permit – Those with a temporary resident visa, work permit, or study permit.
✅ Public Interest Exceptions – If the person faces risks in the U.S. due to human rights violations.
3. Impact on Asylum Seekers
- The STCA applies only to land border crossings. Asylum seekers who enter Canada by air, sea, or irregular land routes (such as unofficial border crossings) can still apply for refugee protection.
- Some asylum seekers have crossed into Canada through unofficial routes, such as Roxham Road in Quebec, to bypass the STCA and claim refugee status.
4. Legal Challenges and Controversy
The STCA has faced legal challenges from human rights groups, arguing that the U.S. asylum system is not always safe for all refugees. In 2023, the Canadian Supreme Court upheld the agreement, but advocacy groups continue to push for changes.