MEDIA RELEASE: NDP reacts to government's decision related to the Safe Third Country Agreement

“The NDP is deeply disturbed to learn that Prime Minister Trudeau and the Liberal government announced an expansion of the Safe Third Country Agreement (STCA) to the entire Canada-US border, following discussions with President Biden, which came into effect at 12:01 am on March 25, 2023. This new agreement will expand the STCA to apply beyond official ports of entry, to the entire length of the Canada-US border, further denying asylum seekers a viable path to safety.

Given the widespread human rights implications of this decision, the NDP is also alarmed to learn these secretive negotiations took place without any consultation from stakeholders and experts. Further, this more restrictive agreement between Canada and the US was signed in secret back in Ottawa on March 29, 2022, while a case was already before the Supreme Court of Canada. This is shocking and appalling.

NDP reacts to government's decision related to the Safe Third Country Agreement

NDP Critic for Immigration, Refugees and Citizenship, Jenny Kwan issued the following statement:

“The NDP is deeply disturbed to learn that Prime Minister Trudeau and the Liberal government announced an expansion of the Safe Third Country Agreement (STCA) to the entire Canada-US border, following discussions with President Biden, which came into effect at 12:01 am on March 25, 2023. This new agreement will expand the STCA to apply beyond official ports of entry, to the entire length of the Canada-US border, further denying asylum seekers a viable path to safety.

Given the widespread human rights implications of this decision, the NDP is also alarmed to learn these secretive negotiations took place without any consultation from stakeholders and experts. Further, this more restrictive agreement between Canada and the US was signed in secret back in Ottawa on March 29, 2022, while a case was already before the Supreme Court of Canada. This is shocking and appalling.

While Canada has reportedly agreed to open 15,000 spots for migrants to enter the country legally, this will not resolve pressures at the border. In 2022, nearly 40,000 migrants entered the country through Roxham Road. This ineffective measure will not protect Canadians – it will only further endanger and marginalize asylum seekers fleeing persecution and trying to come to safety in Canada.

This so-called modernized agreement also allows immigration officers to bring people back to the border to turn them over to authorities, if they are found within 14 days of crossing the border irregularly.

New Democrats continue to call on the government to adopt a humanitarian approach to migrants and refugees and immediately suspend the Safe Third Country Agreement.

The Safe Third Country Agreement denies asylum seekers the ability to enter into Canada from the United States through official ports of entry. As a result, many resort to highly dangerous irregular migration pathways, risking life and limb in their desperate attempt to get to safety.

During recent study of this issue at the Standing Committee on Immigration and Citizenship, expert witnesses were clear to say that the Safe Third Country Agreement must be suspended, indicating that is discriminatory and harmful.

Maureen Silcoff, a leading Canadian Immigration and Refugee lawyer testified that The Safe Third Country agreement was predicated upon the notion that Canada and the United States have comparable policies and “that the United States was a reliable partner for sharing responsibilities regarding refugees…But we know now that the problems associated with it [STCA] outweigh any benefits”.

Abdulla Daoud, Executive Director of the Refugee centre explained: “We're forcing asylum seekers to go onto terrain that's very dangerous. We've already established that these are legitimate claims and that what they're going through is very unfortunate. In order to regulate the matter and ensure that the government and community organizations can service them correctly we need to suspend it [the STCA]”.

In 2020, it was the opinion of the federal court that the STCA contravenes the Canadian Charter of Rights and Freedoms by putting lives of asylum seekers at risk.

Refugees deserve a humane and safe process to enter Canada where their lives are not endangered.

The NDP fully condemns the government of Canada’s announcement to expand the STCA which will continue to put lives in danger. If the government wants to properly address pressures at the border, the only option is to suspend the STCA so that asylum seekers can reach safety in Canada.”

Latest posts

In the morning of August 31, Egyptian journalist Hossam el-Hamalawy received an email from Immigration, Refugees and Citizenship Canada (IRCC), informing him that it had made a “u-turn” and reversed its decision to deny him entry to Canada.

The reversal came in response to a coordinated solidarity campaign that successfully pressured IRCC, Canada’s department of immigration, to change course.

Almost two weeks earlier, on August 18, IRCC rejected el-Hamalawy’s application for an Electronic Travel Authorization (eTA), which is required for German citizens to visit Canada. An Egyptian exile and refugee, el-Hamalawy resides in Berlin and has German citizenship. His eTA application was to attend two public speaking engagements in September at Simon Fraser University in British Columbia, Canada.

IRCC initially rejected el-Hamalawy’s eTA application after requesting three times that he provide official documents from the Egyptian government that corroborate his experience of detention and torture under the regime.

In Toronto, the Executive Director of REDWORD.ca, Mostafa Al-A’sar, prepared an open letter to Minister Diab signed by prominent labour leaders, journalists, and human rights activists, including Mostafa Fouad, Executive Director of HuMENA for Human Rights; Ehab Lotayef, founding member of Egyptian Canadian Coalition for Democracy; Judy Rebick, feminist and journalist; and Sid Ryan, former President of the Ontario Federation of Labour.

Other activists launched an email campaign, which encouraged supporters to send letters to Minister Diab and her Parliamentary Secretary, Liberal Member of Parliament Peter Fragiskatos (London Centre), as well as their own Members of Parliament. Letters were sent from across Canada, including Halifax, Nova Scotia (Diab’s home riding) and London, Ontario (Fragiskatos’s home riding). Activists in the United States, Britain, and Europe also shared the email appeal.

In addition to the appeal, activists organized two emergency phone actions, which delivered over 200 voicemail messages to Diab, Fragiskatos, and dozens of Members of Parliament.

Finally, on August 31, Jenny Kwan shared her own open letter to the Minister, which echoed all the demands of the solidarity campaign.

*Click image or link to read the article - https://springmag.ca/international-solidarity-works-hossam-el-hamalawy-wins-entry-to-canada

My open letter to Immigration Minister Lena Diab requesting urgent intervention to facilitate entry into Canada for Hossam el-Hamalawy.  

Mr. el-Hamalawy is an award-winning Egyptian journalist, scholar, and human rights advocate who fled persecution in Egypt and is now a German citizen living in exile. He was invited by faculty at Simon Fraser University (SFU) to give two academic lectures this September. However, IRCC denied his Electronic Travel Authorization (eTA) after demanding documentation from the very Egyptian authorities responsible for his past detention and persecution—putting him in an impossible and unsafe position.  

It is deeply problematic to expect political exiles to seek papers from the regime they fled. Canada must stand up for human rights, academic freedom, and freedom of the press. I am calling on Minister Diab to use her discretion and immediately reconsider this decision so Mr. el-Hamalawy can share his scholarship at SFU.  

Are you ready to take action?

Constituent Resources
Mobile Offices
Contact Jenny

Sign up for updates