Canada - United States Safe Third Country Agreement in the Trump Era

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Resource Type
  • The purpose of this thesis is to examine the Canada-United States Safe Third Country Agreement. In the wake of Donald Trump's election as US president, the executive orders he has issued on matters of immigration, and various policies implemented by the administration, it is worth questioning the STCA. The STCA is an agreement between Canada and the United States which requires refugee claimants to request refugee protection in the first safe country in which they arrive in, unless they qualify for an exception to the agreement. The STCA violates both international and domestic law. Specifically, it violates the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. Domestically, it is in violation of the Canadian Charter or Rights and Freedoms. This thesis concludes that the cornerstone of the Convention, the principle of non-refoulement, has achieved the status of jus cogens.

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Rights Notes
  • Copyright © 2019 the author(s). Theses may be used for non-commercial research, educational, or related academic purposes only. Such uses include personal study, research, scholarship, and teaching. Theses may only be shared by linking to Carleton University Institutional Repository and no part may be used without proper attribution to the author. No part may be used for commercial purposes directly or indirectly via a for-profit platform; no adaptation or derivative works are permitted without consent from the copyright owner.
Date Created
  • 2019


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