Montrealers protest Safe Third Country Agreement decision by Supreme Court
Posted June 17, 2023 2:29 pm.
Last Updated June 17, 2023 7:11 pm.
Community workers and advocates for refugees marched Saturday in Montreal to defend the rights of asylum seekers.
The demonstration followed the Supreme Court of Canada’s ruling Friday that the Safe Third Country Agreement was constitutional.
“This is just another example of decision makers reading the letter of the law but not realizing the effect of the law of people in very vulnerable situations,” said Melissa Claisse, a member of Welcome Collective, an organization that aims to aid refugee claimants.
“People come here trying to provide a safe solution for their families, barring them from access (to services) means we’re not respecting our international obligations in terms of refugee rights,” added Marisa Berry Mendez from Amnesty International Canada Francophone.
The Safe Third Country Agreement, which came into effect in 2004, recognizes Canada and the U.S. as safe places for potential refugees to seek protection.
Friday’s unanimous decision by the Supreme Court says the agreement that allows would-be asylum seekers to be turned back at the international border does not violate Section 7 of the Canadian Charter of Rights and Freedom the Right to life, liberty and security of a person.
But those who oppose the agreement believe it does violate Section 7 as the U.S. is not safe for many asylum seekers.
“There are something like 1,000 children still in detention separated from their families in the U.S.,” said Mendez. “The U.S.A. is not a safe country. Canada has a refugee protection system that is admired and has a higher level of integration and we need to provide asylum seekers with access to that protection.”



In March both Canada and the U.S. agreed to expand the agreement so that it would apply across the 8,900 kilometres of the shared border, not just at official crossings. Before then, a loophole allowed asylum seekers to cross irregular land borders to make claims in Canada despite having arrived in the U.S. first.
With the Supreme Court ruling in favour of the agreement, Mendez says the move will have disastrous consequences.
“Canada is essentially criminalizing seeking help, and is creating a fortress along the border,” she said. “It’s not something we should be doing. People, desperate people will continue to try and cross the border and it just puts them in more danger.”
WATCH: Supreme Court of Canada upholds Safe Third Country Agreement
Montrealer Emilie Duchesne, who took part in Saturday’s march, says it’s now more important than ever to provide compassion to those seeking asylum.
“They’re just normal people in extraordinary situations,” said Duchesne. “They’re just parents who want to protect their kids. Nobody comes here knowing they will die trying to cross.
“It’s not people who are trying to play the system. It is people who are desperate and who need our compassion.”
Those taking part in the march will be walking for three days to Roxham Road. They’re inviting Quebecers to join them in advocating for asylum seekers.