What United Nations Human Rights Committee Had to Say
In its "Concluding observations on the seventh periodic report of Canada" dated March 23, three days before Bill C-12, the Strengthening Canada's Immigration System and Borders Act became law, the United Nations Human Rights Committee, tasked with overseeing and adjudicating the International Covenant on Civil and Political Rights (CCPR), expressed concern over reports indicating that the bill "may weaken refugee protection" in Canada. It said the bill "reportedly introduces new ineligibility provisions under which certain asylum claims are no longer referred to the Immigration and Refugee Board of Canada, thereby restricting access to an effective refugee-status determination procedure." It also noted that "individuals rendered ineligible under these provisions are instead directed to the Pre-Removal Risk Assessment, which is an administrative process that reportedly lacks adequate procedural safeguards."
The committee also took note of Canada's designation of the U.S. "as a safe country under the Immigration and Refugee Protection Act and the Canada-United States Safe Third Country Agreement," expressing concern "about the potential consequences this may have for asylum seekers transiting through that country, including risk of 'chain refoulement.'" Chain refoulement (also known as indirect refoulement) occurs when a country transfers an individual to a second country, which then forces that person to return to their country of origin or another territory where they face persecution, torture or other serious human rights violations. This practice is generally considered a violation of international law, including the 1951 Refugee Convention.
The UN body called on Canada to "ensure that all persons seeking international protection have unfettered access to the national territory and to fair and efficient procedures, with all necessary procedural safeguards, for the individualized determination of refugee status or other forms of international protection, in full compliance with the principle of non-refoulement." It also implored Canada to "ensure that its legislation, including Bill C-12 is fully compliant with these requirements, and guarantees access to effective remedies." It also called upon Canada to "review the designation of the United States as a safe third country to ensure that it fully complies with the principle of non-refoulement and guarantees effective access to fair and efficient asylum procedures and remedies."
(Source: "Concluding observations on the seventh periodic report of Canada, International Covenant on Civil and Political Rights," CCPR, March 23, 2026)
This article was published in
Volume 56 Number 3 - March-April, 2026
Article Link:
https://cpcml.ca/TML2026/Articles/M560312.HTM
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