FOR IMMEDIATE RELEASE
UN Human Rights Committee calls on Canada to rethink Bill C-12 and Safe Third Country Agreement – serious concerns noted
March 23, 2026 (Montreal/Ottawa) – The United Nations Human Rights Committee has issued its Concluding Observations on Canada, expressing serious concern about Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, which is headed to a final vote in the House of Commons this week. The Committee warns that the legislation "may weaken refugee protection" and restricts access to fair refugee-status determination procedures.
The Committee is specifically concerned that Bill C-12 introduces new ineligibility provisions that prevent certain refugee claims from being referred to the Immigration and Refugee Board, instead directing individuals to the Pre-Removal Risk Assessment—an administrative process that "reportedly lacks adequate procedural safeguards." The Committee calls on Canada to "ensure that all persons seeking international protection have unfettered access to the national territory and to fair and efficient procedures" and to "ensure that its legislation, including Bill C-12, is fully compliant with these requirements."
The UN Committee also expresses concern about the Canada-US Safe Third Country Agreement, noting "the potential consequences this may have for asylum seekers transiting through that country, including risk of chain refoulement." The Committee recommends that Canada "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."
On immigration detention, the Committee is concerned that immigration law has no statutory time limit on the length of detention, "resulting in situations where individuals may be deprived of their liberty for prolonged and potentially indefinite periods." The Committee calls on Canada to "establish a statutory time limit on the duration of immigration detention," ensure detention is used only as a last resort, increase alternatives to detention, and guarantee that "children are not deprived of their liberty merely for immigration-related purposes."
These concerns align with those the CCR presented to the Committee in its submission and interventions in Geneva earlier this month. “As CCR laid out for the Human Rights Committee, Canada is backsliding on basic rights for refugees and migrants,” said Sharry Aiken, Co-Chair of the CCR Legal Affairs Committee, who was present in Geneva for the hearings. “Canada must withdraw from the STCA and stop the cruel practice of immigration detention.”
The Committee also addresses Canada’s "lack of a structured system for the implementation of its international human rights obligations" across federal, provincial and territorial jurisdictions. Canada is required to report back by March 19, 2029, on the implementation of the Committee’s recommendations on the treatment of aliens (migrants and refugees), immigration detention, and treatment of persons deprived of their liberty.
"The UN Human Rights Committee has issued a clear warning: Bill C-12 violates Canada’s human rights obligations and should not become law," said CCR Co-Executive Director Gauri Sreenivasan. “It is therefore deeply concerning that the bill is hurtling towards Royal Assent this week. In a time of closing borders and restrictive asylum policies, Canada must ensure that people fleeing persecution and violence can fairly and safely seek refugee protection."
For more information, contact:
Gauri Sreenivasan
Co-Executive Director, Canadian Council for Refugees
media@ccrweb.ca
(613)852-0983
Sharry Aiken
Co-Chair, Legal Affairs Committee, Canadian Council for Refugees
aiken@queensu.ca
(416) 529-0379