[JM5]

Originally Posted by Aylmer

Welcome!

Just a clarification RE: STCA - it only applies at ports of entry. That means border crossings, trains, planes, etc. It does not apply as soon as you're already in Canada. That's why people are crossing irregularly and then presenting themselves to the authorities - it's the only way for them to apply for asylum because if they were to present themselves to a proper border crossing, the border officials would be forced to turn them away. Ironically enough, once asylum-seekers cross irregularly just a few kms away and are picked up by the RCMP, they're taken to those very same border checkpoints for security screening.
It's a completely different situation from, say, economic migrants from Central America crossing over into the US for under-the-table work. The refugee applicants crossing the Canadian border want to get picked up by the RCMP so that they can go through security screening and start their refugee process.

It is illegal to cross the border (which is why people who do are picked up by the RCMP), but charges aren't usually pressed against people who did so to claim asylum.

Agreed. I'm saying that they should not do this at all and challenge the STCA instead. I think it contravenes the UN treaty on refugees and would have to be rescinded. The current situation also technically negates the refugees claim to asylum because they have broken the law to get here - they should automatically be refused asylum for doing so.