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.”

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Hill Times: Courts unlikely to provide fifth extension to Ottawa to address Lost Canadians before November, says immigration lawyer

Parliament needs to “just get on with it” and address the issue of “lost Canadians” through amendments to the Canada Citizenship Act, according to Jenny Kwan, NDP critic of citizenship and immigration.

She told The Hill Times that she wonders if a judge would have the patience to grant the federal government a fifth extension on a court order requiring action before the current November deadline.

“This is astounding. What the current situation is right now is that Canada’s Citizenship Act, with respect to lost Canadians, is in violation of the Charter [of Rights and Freedoms], and [Bill C-3] will make it Charter-compliant,” said Kwan (Vancouver East, B.C.).

Daily Hive: Canadian woman left in limbo after CRA accidentally declares her dead

When June “Juna” Miller filed her taxes in spring, she expected a refund, but instead, she was declared legally dead.

A few weeks later, she attempted to log in to her CRA account. It didn’t work, and she called the agency.

“The woman on the phone said, ‘Well, you’re deceased.’ I said, ‘What are you talking about? You’re speaking to me!'” Miller explained.

What followed was a month-long ordeal that cost her her pension, Social Insurance Number, and sense of stability.

“It took them five seconds to say I was dead… without even asking for a death certificate,” she said. “Now I’m being told it could take six months to prove I’m alive. That makes no sense to me.”

But with her account frozen and no payments coming in, she was suddenly without any source of income.

Her Social Insurance Number had been cancelled, making it impossible to access her bank account or even apply for temporary work to stay afloat.

Even Service Canada wasn’t much help, Miller claimed.

She recalls one interaction with an agent who questioned why she kept insisting she was alive, while another refused to proceed because her name didn’t match across various documents.

When Miller attempted to order a copy of her marriage certificate to fulfill the requirement, her request was denied because her ID had already been flagged as invalid.

Vancouver East MP Jenny Kwan stepped in as well, formally raising Miller’s case with the federal government.

Miller provided Daily Hive a copy of the letter dated June 30, in which Kwan wrote directly to Minister François-Philippe Champagne, asking that CRA fix the mistake immediately, restore her pension, and ensure all missed payments were sent without delay.

Resurrection, at last

On June 30, Miller received the call she’d been waiting for.

“CRA just called and I have been resurrected,” she told Daily Hive. “They’re sending an apology letter in the mail.”

Radio Canada International: ’Lost Canadians’ citizenship bill tabled as court deadline looms

NDP immigration critic Jenny Kwan said the bill was delayed in the last session of Parliament by the Liberals' failure to act in a timely fashion and a Conservative filibuster that stalled the House of Commons' work for months.

The court has given the government yet another extension, and it would be incumbent on this Parliament to make sure that legislation is passed, Kwan said.

The previous lost Canadians citizenship bill died on the order paper when the House prorogued earlier this year. The Senate was engaged in an early study of the legislation to help it become law quickly.

The new legislation, Bill C-3, proposes giving automatic citizenship to anyone denied citizenship under the current law.

It also would establish a new framework for citizenship by descent going forward. The legislation proposes Canadian citizenship could be passed down to people born abroad, beyond the first generation, if their parents spent a cumulative three years in Canada before the child's birth or adoption.

Those were the two primary goals of the original lost Canadians bill.