In Closing Our Borders, Have We Also Closed Our Hearts And Minds?

As the world faces an unprecedented challenge from the spread of COVID-19, nation states are taking measures to ensure the safety of their citizens and residents. Since the highest rate of infection comes from travelers, it is only wise for countries to close their borders and quarantine those who arrive from elsewhere.

Canada announced on March 20^th that its borders would close to all those who were not citizens or permanent residents (PR). It later clarified that individuals with PR visas, not yet landed in Canada, would be allowed to enter, as would foreign students, temporary foreign workers and seasonal workers. In addition, families of permanent residents and citizens with valid visas would also be allowed in with their families.  Everyone is told to quarantine for 14 days. And anyone can be refused entry based on health screenings. Further, all deportations from Canada would be suspended.

An announcement was made on March 18^th, that there would also be a temporary halt to all asylum seekers who are crossing into Canada from an irregular border point.  Asylum seekers have crossed into Canada through irregular borders, such as those in Manitoba or Quebec’s Roxham Road, and made a claim in Canada. In 2019, 16,530 individuals entered Canada through this route. This year, there have been an average about 50 people a day.  On Thursday March 19^th, 17 individuals arrived.

Some will assume that this measure is linked to the Safe Third Country Agreement (STCA), which only applies to those who seek asylum at irregular border crossings.  Canadians are divided on this agreement. Many believe that the agreement needs to be re-negotiated to close off the loophole and extend the agreement through the entire border with the US.  Others challenge the legality of the agreement on the grounds it violates the charter. A Supreme Court decision is expected sometime this year.

In 2019, the government passed a measure contained in the budget bill, which denied individuals the right to claim asylum in Canada if they had already filed a claim in the US. This was to prevent so-called “asylum shopping”.   

The March 20^th announcement  comes after conversations on both sides of the border. It is temporary and is not tied to the STCA, but rather to the border closure. As this (we hope) will be temporary, so will the measure relating to asylum seekers.  However, there is a sticky point. The federal government has asked for assurances that that when the CBSA turns asylum seekers over to the US authorities, they will not face deportation and comply with international conventions which prohibit “non -refoulement” (return to the country they were fleeing from).  Such assurances have not yet been received despite Deputy Prime Minister Freeland holding “urgent consultations” based on Canada’s commitment to our international obligations.  Alex Neve, Secretary General at Amnesty International Canada, warns that Canada should be concerned about the legal culpability this move could place upon Canada.

In the meantime, it is unclear whether asylum seekers are crossing over the border or not, and how they are being handled. There is no perfection in this. It is in extraordinary times of fear and chaos, that we have an opportunity to live by our values. I will be watching this carefully and asking the government to ensure that if an agreement with the US is reached, which respects international law, that it is then followed through by the US and monitored by Canada.