CIMM – Litigation backgrounder – Litigation challenging the Safe Third Country Agreement – allegations relating to human smuggling – February 7, 2024

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Proposed responses (reactive only):

What does IRCC say in response to the allegation that the STCA makes individuals wanting to come to Canada to claim refugee status more vulnerable to human smuggling and breaches their Charter rights?

The SCC found the designation of the U.S. as a safe third country complies with section 7 (life, liberty and security of the person) of the Charter. While I cannot comment on issues presently before the Federal Court, as litigation raising s. 15 (equality rights) of the Charter is ongoing, I can say that:

• The Government of Canada discourages irregular crossings into Canada. We encourage those interested in coming to Canada to use regular immigration pathways.
• Choosing to come to Canada via irregular routes can be dangerous, exposing individuals to exploitation by smugglers (or other dangers). IRCC continues to support the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA) in their efforts to detect and disrupt human smuggling networks, and to combat international criminal organizations that seek to profit from the desperation and vulnerability of others.
• Canada cooperates closely with international partners to prevent and disrupt migrant smuggling attempts destined for Canada by land, air, or sea. The Government of Canada will continue to work with domestic law enforcement agencies and international partners to uphold the rule of law.
• For more specifics on these efforts, we would defer to the RCMP and CBSA.