'Think of what made those people' cross border, says Winnipegger originally from Chad after 7 arrested

The sounds of a drum and the national anthem of Chad echoed through the sanctuary at Knox United Church Thursday — a tune familiar to Raymond Ngarboui, for whom the north-central African country was once home.

He came to Canada by way of Cameroon at the end of 2005 as part of a federal government-sponsored refugee program, but he’s aware not everyone has that kind of opportunity.

At the end of January, seven men from Chad were allegedly smuggled across the U.S. border and into Manitoba, RCMP said Tuesday. Four other men, also from Chad, crossed into Emerson in December.

“The country has been in civil wars for over 40 years, over four decades,” said Ngarboui, who now works as the project co-coordinator for the Community Education Development Association and also volunteers at Knox United.

“Everybody who had been in power and who has been in power there … they were soldiers, generals, colonels, all these people,” he said.

“And the populations don’t have any right — there is no rule of law, there is no democracy, there is no freedom of speech, freedom of anything. Nothing.”

Chad is one of the largest countries in Africa, but Ngarboui said many people there lack basics like clean water, education and proper medical care. Anybody who has the opportunity to leave the country will take it, he said.

Ngarboui said some people die during their attempts to reach Europe or North America.

But he said some people feel they’re better off leaving — even if it means a long and dangerous journey — than to stay in Chad and die in front of their families.

“It makes me feel shocked … feel very bad, but mostly frustrated,” said Ngarboui.

‘Not surprised’ Chadians coming to Canada: lawyer

Winnipeg-based immigration lawyer Alastair Clarke, who has worked with hundreds of Chadians, says the situation there is dire.

Since the death of then president Idriss Deby in 2021, there’s been political unrest, leading to the government targeting political opponents, student groups and “anyone who is perceived to be against the government,” said Clarke.

“I will tell you that from my experience dealing with hundreds of claimants from Chad, that I’m not surprised that these individuals are coming to Canada to find safety.”

Canada, with its large francophone community, is appealing for many people leaving Chad, where French is an official language, he said.

Alastair Clarke is an immigration lawyer based in Winnipeg. (Tyson Koschik/CBC)

Under the Safe Third Country Agreement between Canada and the U.S., asylum seekers must apply for refugee status in the first of the two countries they enter.

However, before March 2023, that only applied to people arriving at official border crossings.

A loophole in the agreement allowed migrants to make asylum claims if they arrived in Canada from the United States between official ports of entry — for example, through “farmers’ fields down along the border near Emerson,” said Clarke.

Now, that loophole has been closed and the agreement applies to the entire land border.

Clarke said now, if someone crosses irregularly into Canada, is caught within 14 days of entry and doesn’t qualify under one of the agreement’s exemptions, they’ll be turned back over to U.S. authorities.

The Canada Border Services Agency said in an emailed statement that if a person is found to have an eligible refugee claim, their file will be referred to the Immigration and Refugee Board for consideration, and the person will be allowed to enter Canada to pursue their claim.

But Clarke said there’s “significant misinformation and disinformation out there,” meaning some people still think they can make a refugee claim based on the old Safe Third Country rules.

“Sometimes in those situations, they try to make their claim in Canada, but they’re not eligible,” said Clarke.

“Then they’re turned over to the American authorities, they’re sent back to the United States, and those cases are extremely heartbreaking.”

Ngarboui now works as a community development coordinator for the Winnipeg based non-profit organization Community Education Development Association and volunteers at Knox United Church. (Tyson Koschik/CBC)

According to RCMP data, there were 77 asylum claims and interceptions in 2023 — up from 72 in 2022 and 19 in 2021.

In the case of the seven men from Chad who most recently tried to enter the country, they were arrested on Jan. 27 under the Customs Act and turned over to Canada Border Services Agency immigration officers at the Emerson port of entry, according to RCMP.

The Calgary man police say was driving the rented vehicle they were in, 49-year-old Saleh Youssouf, was charged under the Immigration and Refugee Protection Act.

Court records show he was previously charged with assault by choking, assault and unlawful confinement in Calgary. He’s scheduled to appear in court there in July.

In an email to CBC News, Border Services said it doesn’t provide comment or details on specific individual cases, and that an individual’s border and immigration information is protected under the Privacy Act.

Ngarboui said he hopes the seven men from Chad will be treated well.

“I hope the Manitoban authorities, the Canadian government authorities think of what made those people to cross the borders and to come here to seek asylum or to seek safety,” he said.

“It’s a humanitarian situation, so whatever their cases are, I hope that the Canadian authorities will grant them asylum.”