Snowy560

This was posted on my FB feed. I thought FL might like it:

https://img0.etsystatic.com/154/1/65...50186_lc8u.jpg

S

Former Lancastrian

well it was obvious someone would try to cash in on the election result or post articles pictures about Mericans moving to Canada.

Im also convinced someone will actually try and claim protection under the guise of cruel and unreasonable treatment or punishment by having Donal Trump as President.
Person in need of protection

97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

I tend to think any claim while initially accepted and eligible to make a claim it would 99.9% be rejected at the Refugee Hearing and the Departure Order issued would come into force.
There again as this person would likely not be a risk after the hearing they would just go underground like a lot do and carry on living in Canada. Enough businesses will employ them under the table or provide them with accommodation to evade the authorities and live a pretty normal life.

Shard

Of course the real issue is that the yanks are going to be even more bolshie when we try to go there. Xenophobia is validated by a Trump win. And we're not even Mexican or Muslim.

Snowy560

Shard there are lots of British Muslims!

S

Former Lancastrian

Well some of them have the attitude that it is their country and foreigners have no given right to enter the US. To enter is a privilege and they set the rules. If you don't like them then no need to go. I have gone to the USA many times and never had a problem and I never tell them who I work for unless asked. I have had my vehicle searched by officers and had the dogs sniff around.
I don't get upset with them as its part of the process.
The days of being able to wave a certain passport at USCBP and get preferential treatment is not as easy today. At least they have border checks as opposed to some of the stuff we see going on in the EU.

Snowy560

FL: how does the safe third country agreement affect a US citizen applying at the land border? I just scanned the agreement briefly.

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

S

Former Lancastrian

As far as Im concerned the STCA today is a joke as opposed to when it was introduced. My current assignment is dealing with refugee claimants who are commonly known as border jumpers. They don't go to the POE they cross fields or swim rivers between POEs. Once picked up they can then make an In Canada claim.
By showing up at the POE and making a claim and not exempt from the STCA then they can't make a claim and are sent back to the USA. STCA does not apply at airports even if the plane arrived from the USA

So far since April I have had just under 300 claimants using this method at just one POE. One crossing in Quebec had 25 in one day last week. These are the ones you never hear about or that the PM or Minister deem selfie or photo op refugees.
And yes they will cross when it gets down to minus 30C but in smaller groups.

Pizzawheel

I was thinking of this earlier and wondered what FL's take was.

Recently a black dude tried to claim asylum in BC, claiming that the USA was no longer safe for black folk (a point that's hard to argue with). They kept him for a few days but that safe countries deal was quoted and it always seemed clear that he wouldn't get anywhere- anyone know if he was quietly returned to the good ol USA?

Snowy560

Wow. I was reading about someone recently convicted for helping people enter this way.

Just realised the agreement doesn't apply to US citizens:

"The Agreement does not apply to U.S. citizens or habitual residents of the U.S. who are not citizens of any country (“stateless persons”)."

So assume they can show up at the land border and make a claim on entry.

S

Former Lancastrian

Well the IRB member argues differently

"I find that the claimant is not a Convention refugee in that he does not have a well-founded fear of persecution for a Convention ground in the United States of America," wrote the refugee board's Ron Yamauchi in his decision.

"His removal to the United States of America would not subject him personally to a risk to his life or to a risk of cruel and unusual treatment or punishment."
Black U.S. citizen Kyle Canty denied refugee status in Canada - British Columbia - CBC News

Now ponder on this thought

If the IRB made a decision in favour of his claim are you willing to accept potentially thousands perhaps millions of African Americans now making claims in Canada and being granted refugee protection and being allowed to stay in Canada?