Rev. Ric Matthews says proposed policies on church sanctuary could actually reinforce the centuries-old tradition. (CBC)

A Vancouver church minister says new guidelines on sanctuary that have reportedly been drafted by the Canada Border Services Agency may reinforce the ancient tradition of fugitives finding temporary shelter in churches.

The new policy outlines the exceptional circumstance when entering a church to seize someone might be necessary, including strong public calls for action or risks to public safety or security, according to a National Post story published earlier this week.

Rev. Ric Matthews, who has been offering sanctuary to U.S. Iraq war deserter Rodney Watson at Vancouver's First United Church since September, admits sanctuary isn't a legal right, but rather a respected 2,700-year-old tradition.

'Sanctuary is a safety valve against bureaucratic failure.'—Immigration lawyer Richard Kurland

The CBSA has yet to comment publicly on the leaked report. The agency has never violated the principal of sanctuary, but under the draft policy, it reportedly maintains it has the right to do so and may under exceptional circumstances.

"The concern is the broad nature of the permission to go in and the circumstances. It's very subjective … particularly the clause that speaks to protecting the integrity of the system is a challenge, because it is hard to know how you interpret that," said Matthews.

But Matthews says the new policy actually reinforces sanctuary, because the default position will be that border agents not enter a place of worship to seize someone, unless that person poses a particular threat.

Bureaucratic safety valve

Matthews says people need to understand what sanctuary is, and compares granting sanctuary to pushing the pause button on the unjust application of the law.

"I don't think it's defiance. I mean, that Rodney Watson is in this building — he is not free to do what he wants — and this is clearly not something he can do for the rest of his life. There has to be a point where this has to be resolved one way or the other," he says.

U.S. army Pte. Rodney Watson says he does not want to go back to Iraq or go to prison in the U.S., and has therefore sought sanctuary in a Vancouver church. (CBC)

Immigration lawyer Richard Kurland says sanctuary provides a second chance for those treated poorly by the immigration system.

"Sanctuary is a safety valve against bureaucratic failure. In Canada, the absence of an appeal for refugee decisions gave legitimacy to the sanctuary system."

There are two other cases of people living in sanctuary in Canada.

Mikhail Lennikov has been living in an East Vancouver church since last June, after the CBSA declared the former KGB agent a threat to national security and ordered him out of the country.

Mongolian citizen Gankhuyag Bumuutseren took sanctuary in a Toronto church in August to avoid deportation to the U.S., where he is wanted for allegedly spying on Chinese dissidents.