Asylum seekers cross the border at Roxham Road into Canada, in Champlain, N.Y., on Feb. 9. Quebec Premier François Legault wants Prime Minister Justin Trudeau to make irregular border crossings a priority during an upcoming meeting with the president of the United States.Ryan Remiorz
François Legault has got his mojo back, or sort of.
After returning from Ottawa this month with a fraction of the billions of additional health care dollars he had been demanding for his province, the Quebec Premier was ridiculed by opposition parties and political pundits alike for being all bark and no bite.
Thanks to Ottawa’s recent transfer to cities in Ontario of asylum seekers arriving at the unofficial border crossing at Roxham Road in Quebec, Mr. Legault has been able to boast to the home crowd that he’s still got it. That his government’s constant efforts to force Prime Minister Justin Trudeau to do something about the “migrant crisis” facing Quebec is finally getting results. Thanks to his leaked letter to Mr. Trudeau and an op-ed in The Globe and Mail, Mr. Legault can tell Quebeckers that he has finally got the rest of Canada’s attention, if not its respect.
In truth, Ottawa last year began bussing some asylum seekers from Roxham Road to hotels in Cornwall, Niagara Falls, Ottawa and Windsor when it could no longer find rooms in Quebec. Since early 2023, those transfers have been occurring on a systematic basis. Mr. Legault wants Ottawa to continue to transfer migrants to other provinces, arguing correctly that Quebec has “taken on a completely disproportionate share” of asylum seekers entering Canada since Roxham Road was reopened in late 2021.
Mr. Legault also wants Mr. Trudeau to permanently “close the breach” in Canada’s border-security by prohibiting migrants from claiming asylum at Roxham Road, as it had temporarily done for an 18-month period during the pandemic. Federal Conservative Leader Pierre Poilievre is calling for Roxham’s closing within 30 days, also citing the pandemic-related closing as proof that Ottawa has the authority to act unilaterally to address the loophole in the Canada-U.S. Safe Third Country Agreement that enabled more than 39,000 migrants to enter this country in 2022 at what has become our most official unofficial border crossing.
Immigration Minister Sean Fraser called Mr. Poilievre’s ideas “reckless” and lacking in “depth and understanding.” Amid a global migration crisis, Mr. Fraser added, Canada has a “responsibility to implement real, long-term solutions.”
Real, long-term solutions are not this government’s strong suit. It does excel at posturing, virtue signalling and dithering. But it has offered little evidence that it is taking concrete steps to address the increasing flow of asylum seekers at Roxham Road.
It is easy to understand why a government that prefers to project a compassionate image would be reluctant to act in any manner that might make it look heartless to some. Turning asylum seekers away at Roxham Road, in effect surrendering them to U.S. immigration authorities, would subject the Trudeau government to a backlash from within Liberal ranks.
Yet, it must be pointed out that this government has no problem turning away asylum seekers who arrive at official land border crossings. Are those who arrive at Roxham Road any more worthy of refugee status in Canada than the others?
What we do know is that almost half of “irregular border crossers” who arrived in Canada after 2016 saw their asylum claims rejected by the Immigration and Refugee Board or abandoned or withdrew their applications before a final IRB determination. And that the surge in irregular crossings at Roxham Road has left the IRB with a backlog of more than 74,000 cases that is growing rapidly each month. A refugee system that is meant to provide asylum to those fleeing persecution in their country of origin is being exploited by smugglers who prey on vulnerable people seeking to escape economic hardship in Latin America and Africa.
There are those in Liberal circles who argue that the “fundamental premise” at the heart of the STCA – specifically, the designation of the United States as a “safe” country for refugee claimants – no longer holds true. But as the Federal Court of Appeal found in 2021, it is up to the federal cabinet to undertake continual review to ensure that the United States continues to meet the criteria for safe country designation.
Not once since taking power in 2015 has the Trudeau government sought to cancel this designation – not even during the dark days of Donald Trump’s presidency, when some migrant children were separated from their parents.
The Supreme Court of Canada is expected to rule on the STCA this year. Even if it upholds the legality of the agreement, a new proposal by President Joe Biden to turn away all asylum seekers at the U.S. border who arrive from a third country via Mexico raises new questions about Canada’s continued designation of the U.S. as a safe country.
For Mr. Trudeau, there are no “real, long-term solutions” to the Roxham Road dilemma that do not include making tough, even excruciating, choices.