On 29 December 2004, Canada closed the door on most refugee claimants
 seeking protection at the US-Canada border.  Under a deal between the two
 countries, the United States was declared a "safe third country" for refugees. 
 The Canadian Council for Refugees thinks this is a bad deal for refugees 
and for both Canada and the US.  Here's why:
                                      ONE: The US is not safe for refugees because of the risk of detention
                    The agreement forces claimants to seek protection in the United States, 
                    a country that is not necessarily safe for refugees.  Thousands of asylum 
                    seekers, including children, are held in detention in the US, for months 
                    and even years, often in jails alongside convicted criminals.  Those who are
                    detained have reduced chances of getting refugee protection, because it is
                    difficult for detainees just to make a phone call, let alone get the help
                    they need to present their refugee claim adequately. There have recently been
                    widely publicized abuses of detainees in US immigration jails.
                                      TWO: The US is not safe for refugees because some refugees are denied
                    protection
                    The US does not always give protection to refugees who need it.  In the 
                    past, numerous  claimants have been recognized as refugees in Canada after 
                    having been refused  in the US, because of more restrictive rules and interpretation 
                    of the refugee  definition.  Eligibility rules in the US mean that claimants 
                    who apply after  having been in the US for over a year are denied a hearing. 
                    Unlike Canada,  the US law does not offer protection to people who face a
                    risk to their life  or of cruel and unusual treatment or punishment.  If Canada
                    turns away a refugee who is subsequently deported by the US back to persecution,
                    Canada will bear a part of the responsibility for whatever harm comes to
                    the refugee.
                                      THREE: The US is not safe for refugees because of discriminatory practices
                    US policies and practices discriminate against some refugees and immigrants 
                    on the basis of their nationality, ethnicity or religion.  For example, the
                    US detains Haitian claimants based on nationality.  People from mainly Muslim
                    countries are also particularly at risk of detention.
                                      FOUR: The US may be about to get even less safe for refugees
                    The situation for refugees in the US may well be about to get worse. 
                    The  US Congress is considering a number of anti-refugee provisions. The
                    House has already passed these measures as part of the REAL ID Act. 
                                      FIVE: The US was not safe for Maher Arar
                    Despite being a Canadian citizen, Maher Arar was deported by the US to 
                    torture.   If the US is not safe even for someone with the relative protection 
                    of a  Canadian passport, how can we think that it is safe for refugee claimants 
                    who have no government to protect them?
                                      SIX: The agreement makes the US-Canada border less secure
                    Before the safe third country agreement, refugee claimants presented themselves 
                    at the border in an orderly  process, and were interviewed and given a security 
                    check.  Now  refugee claimants needing Canada's protection will have to seek 
                    ways to cross  the border irregularly.  This was the experience in Germany 
                    when rules were  changed in a similar way: overnight claimants stopped making 
                    a claim at the  border and appeared inside the country.  The principal beneficiaries 
                    of the  safe third country agreement will be smugglers and traffickers.
                                      SEVEN: Refugee claimants may face danger trying to enter Canada
                    Irregular border crossings are often dangerous for migrants: each year 
                    many  die attempting to cross borders around the world.  Are we prepared to
                    see  an increase in casualties at the border as desperate refugees seek Canada's
                    protection?
                                      EIGHT: The agreement makes the refugee determination process more complicated
                    The agreement is difficult to implement.  There is no easy way  to determine 
                    which claimants are entitled to claim in Canada under the terms  of the agreement. 
                    As a result, instead of spending time on the important  question of whether 
                    the claimants need protection, Canadian officials have to divert resources 
                    to determining whether the claimants meet the exceptions  in the agreement.
                                      NINE: Canada is giving the US a say over our resettlement program in exchange 
                    for the agreement
                    In exchange for signing this deal, the US is being given a say in which
                    refugees are resettled to Canada, as part of an originally secret side-deal.
                    By allowing the US to refer refugees for resettlement, Canada is giving
                    up its right to decide which refugees are most in need of resettlement. 
                    Ironically, the US now has more power to identify refugees for resettlement
                    than Canadian immigration officers, who under the new law cannot consider
                    refugees for resettlement unless they have been referred.
                                      TEN: Canada is slamming the door on refugees
                    The goal and the effect of the agreement is to reduce the number of refugees 
                    who can claim refugee protection in Canada.  By implementing this agreement, 
                    Canada joins a sorry group of countries that take the "Not in my backyard" 
                    approach to refugees.  Even before the introduction of the safe third country 
                    agreement, 2004 was set to be the year with the lowest number of refugee 
                    claims  in Canada in 6 years.  Canada receives less than one quarter of one 
                    per cent of the world's refugees.  Why should we reduce our share even further?
                  ******
                  During the Second World War, Canada denied protection to Jewish refugees 
                    fleeing Nazi persecution.  The slogan from that period was "None is Too Many!"
                    - the answer given by a Canadian official when asked how many Jewish refugees
                    Canada would take.  The Canadian Council for Refugees calls the US-Canada
                    agreement a "None is too many" agreement because it is about keeping refugees
                    out, just as we closed the door on Jewish refugees in the 30s and 40s.
                  February 2005