T he Liberal government is already gearing up for the fall elections by sending a troubling “tough on immigration” message. This includes both a move to expand the Canada-US Safe Third Country Agreement (STCA), as well as anti-refugee measures put forward in budget implementation bill C-97.
Thirteen local groups sent an open letter to MP Andy Fillmore on May 14, urging him to “stand up for justice and to say no to the racism and xenophobia which these proposed changes represent.” The next day, Fillmore went on the defensive in a CBC interview.
Because the STCA considers the US a safe country for refugees, most people who arrive at Canada’s official ports of entry via the US are not allowed to seek asylum here. Under these restrictive rules, people are forced to cross irregularly just to have their refugee claim heard, often risking their lives to do so.
Now prime minister Trudeau wants to close even that small window with the SCTA expansion.
On air, Fillmore admitted being troubled by Trump’s rhetoric. However, he maintained that the US is safe for refugees and that politics don’t influence the granting of asylum. We need only point to Trump’s removal of protected status for refugees from the Haitian, Salvadorean, Sudanese and Nicaraguan communities, or his Muslim ban, to see that this isn’t true.
Bill C-97 goes even further than the STCA: If anti-refugee measures in the bill pass, they would bar asylum seekers who previously filed a refugee claim in the US, the UK, Australia or New Zealand from making one in Canada–even if they have never had a hearing in that country. They’d be denied the right to a hearing here, which would violate the Supreme Court’s 1985 Singh decision.
Fillmore says the refugee determination system is “overwhelmed right now,” and it wants to ensure “fairness.” He blames asylum-seekers who cross irregularly, ignoring that refugees have the lawful right to flee to safety. Furthermore, there’s actually been a 48 percent decline in irregular asylum claims for January to April compared to last year. Importantly, a recent report by the auditor general shows that the large backlogs are largely due to government inefficiencies and our “rigid system.”
Finally, the use of an omnibus bill to fast-track major changes to our refugee laws—a move defended by Fillmore—is concerning. While Liberals once promised to put an end to this undemocratic Conservative tactic, it’s clear that they’re using the same playbook.
It’s time for the Liberals to take responsibility and to fix the system in an equitable way, instead of fanning the flames of intolerance with their proposed changes. Lives depend on it. Our messages are clear: Refugees are welcome here! No one is illegal!
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This article appears in May 23-29, 2019.
Andy Fillmore here. The changes in the bill are sensible and fair, and Ive written about them at length on my Facebook page:
I will be voting in favour of Bill C-97.
It contains sensible improvements to Canada’s asylum system that will allow us to better serve those in need of our protection.
A number of folks have reached out to me on this issue, so here are my thoughts.
We’re living in a time when record numbers of people are displaced around the world. Conflict, climate change, natural disasters, despotic regimes, and persecution are driving people from their homes.
Nations are in the process of adapting their immigration, refugee, and asylum systems to make sure we can offer protection to the worlds most vulnerable. Thats true here in Canada as well.
What we know is that today, people seeking asylum in Canada are waiting too long to have their status granted many of whom have have very legitimate claims.
We also know that when people have multiple claims for asylum in more than one safe country with a similar asylum system, it has the effect of slowing down all systems.
Those seeking asylum are not afforded greater protection by making multiple asylum claims in multiple safe countries with similar asylum systems. Rather, it slows down the system for all claimants. And that’s a real issue.
This is what the changes in Bill C-97 seek to address.
Underlying the changes in Bill C-97 is a belief, supported by the UN Refugee Agency, that to maintain the efficient and orderly processing of asylum claims, those seeking asylum should request it in the first safe country they arrive in.
Some have said that these changes amount to Canada shutting the door on asylum seekers without a hearing. That’s incorrect.
Anyone affected by these changes will be granted a face-to-face hearing as part of pre-removal risk assessment. It will be robust & subject to appeal.
As the UN Refugee Agency Rep has said: Contrary to some comments nobody will be automatically removed from Canada if they have made an asylum claim in another country.”
If someone is found to be at risk, they will receive Canada’s protection.
Regarding the United States, we cannot forget that just like Canada, it has a long history of protecting people from around the world. It continues to grant asylum in high numbers.
We must also remember that the US asylum system is overseen by the its independent judiciary.
The US asylum system is also monitored by the UN Refugees Agency which continues to support the Safe Third Country Agreement.
For its part, Canada is required by law to carefully monitor the US system including developments that could impact its designation as a safe third country. We continue to do that.
I know there’s a lot of information out there about this and it can be hard to sort through it all. But if this matters to you, like it does to so many Canadians, please, please take a moment to read this piece by the UN Refugee Agency Representative.
https://www.nationalobserver.com/2019/04/18/opinion/canada-continues-stand-refugees