Canadian Asylum Policy: “Safe Country” Exceptions to Refugee Protection at the Border

This article argues that tensions in Canada’s relationship with the global refugee regime have become further pronounced, with current efforts to limit access to asylum reflecting a troubling form of Canadian “leadership” in refugee policy. To do so, the author connects Canada’s involvement in the refugee regime with a key inflection point in Canadian policy: the development of the Canada—US Safe Third Country Agreement (STCA). This account aims to highlight the emergent strains between Canada’s commitment to supporting refugee protection and the development of the country’s contemporary asylum regime. In this context, the STCA should be understood to embody a distinct international legal mechanism by which Canada has sought to exert more control over refugee claimants’ access to asylum, one that has perhaps shaped state practices beyond Canada. The article concludes by assessing developments that place increased stress on Canada’s ability to uphold the agreement and remain committed to international protection.