All reasonable Canadians would agree that foreigners claiming refugee status at the land border should be treated fairly. That these migrants are arriving from the only country considered “safe” by Canadian law obviously influences what constitutes “fair” treatment in this case. The designation of the United States as a “safe third country” has profound consequences in determining Canada’s exact obligations. Unfortunately, this aspect of the current border situation has been misrepresented by immigration minister Ahmed Hussen and senior bureaucrats who insist the Charter of Rights and Freedoms automatically grants a hearing to refugee claimants. Canadians are understandably confused by the government’s border policy because it is being justified on the basis of an inaccurate legal claim.