Earlier this month, Prime Minister Justin Trudeau announced that irregular migrants crossing from the U.S. will be turned away at the border to control the rapidly spreading COVID-19 virus. U.S. border officials have stated that any illegal migrants who cannot be returned to Canada or Mexico will be returned to their country of origin. This new mandate puts many refugees at risk if they are returned to a country where they could be harmed or killed.
Refugee advocates say that Canada could be in legal hot water if the United States deports asylum seekers turned away from Canada.
Under Canada’s international obligations on refugees, the government is committed to “non-refoulement”, which means that refugees will not be sent back to countries where they could face torture or persecution. Alex Neve, the secretary-general at Amnesty International Canada, says that if a refugee is turned away by Canada and is later deported to a country where they are harmed, Canada could be considered complicit in this outcome and therefore legally liable.
On Friday, March 27, 2020, the Deputy Prime Minister Chrystia Freeland said that she is holding urgent discussions with U.S. officials over this issue and wants assurances that refugees returned by Canada to the U.S. will not face refoulement. Further, Amnesty International, the Canadian Council for Refugees and the Canadian Council of Churches are legally challenging the agreement with the United States, arguing the agreement violates certain provisions of Canada’s Charter of Rights and Freedoms.