A Partnership for Protection
Year One Review

November 2006

On November 16, 2006, the Honourable Monte Solberg, Minister of Citizenship and Immigration, issued a report on the first year of implementation of the Canada-U.S. Safe Third Country Agreement.

The purpose of the review was to assess the operation of the Agreement in its first year. To prepare the report, Canada and the United States worked together in consultation with the United Nations High Commissioner for Refugees (UNHCR). The assessment by the UNHCR is reflected in its report, appended to the Canada-U.S. review. Non-governmental organizations in both countries were also consulted.

Overall, the Government of Canada considers the first year of implementation of the Agreement a success. Through joint cooperation, Canada and the U.S. are sharing responsibility for refugee protection and processing claims in an orderly manner.

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Executive Summary

I. Introduction

• International Cooperation through Responsibility Sharing
• Legislative Authorities in Canada and the U.S.
• Canada-U.S. Cooperation
• The Agreement—Overview and Objectives
• Monitoring and Review of Agreement Implementation

II. Methodology and Monitoring

• Statistical Monitoring and Reports
• The Role of the UNHCR
• Working Group Meetings
• Binational and National Coordination
• Consultations with Non-Governmental Organizations

III. Effective Implementation of the Agreement

• Cooperation to Enhance the Orderly Handling of Refugee Claims
• Strengthening Public Confidence and Reducing Abuse
• Effective Implementation of the Agreement

IV. Canada Chapter

1. How the Process Works
   1. Port of Entry Refugee Processing
   2. Canada Safe Third Country Process
   3. Safeguards and Oversight Mechanisms
2. Issues by Theme
   1. Operational/Management/Administrative
   2. Oversight Mechanisms
   3. Policy
3. Statistics Section
   1. Overview
   2. Preliminary Gender Impact Analysis

V. United States Chapter

1. Implementation Authority and Guidelines
2. Overview of How the Process Works in the U.S.
   1. Overview of Expedited Removal/Credible Fear Process
   2. Threshold Screening Process to Determine Applicability of Agreement
   3. Safeguards and Oversight Mechanisms
   4. Agreement Determinations before the Executive Office for Immigration Review
   5. Removal of Individuals to Canada
   6. Processing of Individuals Returned from Canada
3. Statistical Overview and Impact of First Year Implementation
4. Implementation Issues by Theme
   1. Use of Restraints at Ports of Entry
   2. Detention
   3. Direct Back Policy
   4. Reconsideration Mechanism
   5. Threshold Screening Interview
   6. Public Interest Exception
   7. Immigration Court Proceedings

VI. Conclusion

List of Acronyms

Appendices

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