CIMM – Government Response to CIMM Report on Asylum Seekers at Canada’s Border – October 24, 2023
Key Facts and Figures
On May 16, 2023, the Standing Committee on Citizenship and Immigration tabled its report, Asylum-Seekers at Canada’s Border. The Report focused on the conditions facing asylum claimants crossing irregularly at Canada’s border (at Roxham Road) from 2017 to 2022.
The Government agreed, partially, fully or in principle, with most of the Report’s recommendations, which aimed to address the challenges that these claimants faced as well as border management.
The Government disagreed with two recommendations:
#7 – to establish gender-based violence claims and claims by individuals from moratorium countries as exceptions to the STCA – since Canada believes that the U.S. refugee protection system meets international standards, and both countries have established legal systems that offer procedural safeguards for individuals in exceptional situations; and,
#10 – to automatically extend the Refugee Protection Claimant Document (RPCD) validity if the final determination of the claim is not made before its expiry – since RPCD validity has already been extended to four years, and since the document’s renewal also serves to ensure that the client is physically present in Canada and that controlled documents are not mailed to outdated addresses.
The Government Response was jointly prepared with the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP), Public Safety (PS), and in collaboration with Global Affairs Canada (GAC). It was tabled on September 18, 2023.
Key Messages
The Government welcomed the study by this Committee that aimed to improve the conditions of asylum claimants at the Canada- U.S. border.
We are generally supportive of the Report’s recommendations (fully, partially, or in principle) and are already taking action in several areas, while disagreeing with two recommendations.
The Additional Protocol to the Canada-U.S. Safe Third Country Agreement, introduced after the Committee completed its study, is a significant accomplishment that supports many of the recommendations identified in the report and has reduced irregular arrivals.
Work to continue to reduce administrative burdens to enhance fast and fair access to Canada’s asylum system.
Supplementary Information
On June 16, 2023, the Supreme Court of Canada upheld the constitutional validity of the designation of the U.S as a safe third country under section 7 of the Charter (right to life, liberty and security of the person).
The Supreme Court returned the section 15 Charter challenge back to the Federal Court for determination. The hearing is expected to take place in fall 2024, and will respond to the section 15 Charter issues through that process.
