Safe Third Country Agreement (STCA)
Statutory definition
The IRPA s 101(1)(e) renders refugee claims ineligible for determination by the RPD where the claimant arrived from a safe third country designated under IRPR s 159.3 (the US). The claim is returned at the border. Exceptions exist for: persons with family members in Canada; unaccompanied minors; persons from countries subject to a Canadian public policy moratorium; and persons with interest in criminal proceedings. In 2023, the STCA was extended to cover the entire land border (not only designated ports of entry), following significant irregular crossings at Roxham Road.
Explanation
The STCA has been one of the most litigated agreements in Canadian immigration law. Canadian courts have examined whether the US is genuinely "safe" for asylum seekers given policies such as the MPP (Remain in Mexico program) and prolonged detention. In 2023, the Supreme Court of Canada decided the STCA was constitutionally valid, reversing the Federal Court of Appeal's ruling that it violated the Charter. Persons returned to the US under the STCA cannot make a refugee claim in Canada for 1 year, unless they depart from the US and enter Canada through an official port of entry.