Update: March 16, 11:00 am:

Donald Trump is now threatening more violence if he does not win the Republican presidential nomination. See Huffington Post: Donald Trump Warns There Could Be Riots If He Isn't GOP Nominee.

http://www.huffingtonpost.com/entry/...b0b25c9183e915

Canadian asylum law could be looking more and more relevant for many Americans as the November election draws closer. And what happens if Trump is the Republican candidate and loses that election? Will he refrain from threatening or resorting to violence in that event? That might stoke interest in Canadian immigration law ever further on the American side of the border.

My original post follows:

Fears about perceived anti-democratic behavior by the leading, if not certain, presidential candidate of one of America's two major parties are continuing to grow, fueled by the two latest incidents reported in the wake of the March 15 primary results.

One of these incidents involved the effusive praise given by this candidate to his campaign manager at the podium of a "press conference" (at which no questions were allowed) in Miami on the evening of March 15, after the campaign manager had been accused of manhandling a female reporter. See

www.slate.com/blogs/the_slatest/2016/03/15/donald_trump_brings_controverial_campaign_manager_onstage_with_him.html

The other involved denying a POLITICO reporter who had written an article critical of this same campaign manager any further access to his campaign. See

http://www.politico.com/blogs/on-med...20836?lo=ap_b1

Since these are hardly isolated incidents of reported intimidation and violence directed against news reporters and other critics by this particular candidate and campaign, many Americans are starting, at least in jest, to raise the possibility of seeking asylum in Canada, if this candidate is actually elected president.

As the history of life in countries that have actually had to endure totalitarian systems shows, such jokes often have a potential to become serious later on. No one could reasonably say that America has reached this point, or is even close to it

But even if the possibility of seeking asylum elsewhere is only a joke among Americans today, it is instructive to take a look at Canada's asylum system, just to see what might be in store if America were to continue moving in the above direction and the laughter were, one day, to stop.

A comprehensive explanation of the Canadian asylum system is provided by an organization called Uniya Jesuit Social Justice Centre, entitled Overview of Canada's Asylum System. See:

www.uniya.org/research/asylum_canada.pdf

Unfortunately for any American who might wish to seek political asylum in Canada under the present system, the prospects are less than encouraging. Uniya's report indicates that under a "Safe Third Country" agreement between Canada and the US, American citizens may be ineligible for asylum in Canada.

Uniya states:

"The only people who arrive in Canada who are turned away immediately are those who come over from the United States pursuant to the Safe Third Country Agreement between the two countries. All other asylum seekers go through Canada's comprehensive refugee determination system..."

Part 2 of this series will take a closer look at the US-Canada Safe Third Country asylum agreement in order to assess its potential impact on US citizen asylum seekers in our neighbor to the north (assuming that this neighbor is not forced by any future US president to build or pay for a wall along the entire Canada-US border to stop American citizens from leaving their country).


To be continued in Part 2

Roger Algase
Attorney at Law