Immigration, Security and Terrorism in IRPA

Bill C-11, the Immigration and Refugee Protection Act (IRPA), Canada's new immigration law, came into force on June 28, 2002.  The Act establishes 3 categories that correspond to major program objectives: reuniting families, contributing to economic development and protecting refugees. Applicants can be admitted to Canada as permanent residents under 3 corresponding classes: Family Class, Economic Class (skilled workers, entrepreneurs, investors and self-employed) or Refugee Class. The Act introduces important changes when compared with previous legislation.

Interface of immigration and security in IRPA

Refugee claims are not to be considered ..if the person has been found inadmissible by a member of the Immigration Division of the IRB for reasons of security, serious criminality or involvement in organized crime, or for violating human or international rights.

People selected overseas for resettlement, regardless of their class, must demonstrate their ability to eventually re-establish in Canada and must undergo medical, security and criminality screening.

Anyone may claim refugee protection at a port of entry or after entry to Canada. A decision on the eligibility of a refugee claim must be made within three working days or the claim is referred to the IRB. The decision may be suspended pending a decision on criminal charges or an admissibility hearing on issues of security, human rights violations, serious criminality, or organized criminality.

If eligible, the person's claim is referred to the Refugee Protection Division for a refugee protection hearing. If an immigration officer receives new information that makes a person ineligible to make a claim, the officer may reconsider the previous eligibility decision.

A person is not eligible for a "pre-removal risk assessment" if he/she has been named in a security certificate that the Federal Court has deemed reasonable.

Division 4 of Part I of the Act prohibits the admission of people to Canada on grounds related to security, human or international rights violations, criminality and organized criminality.

Immigration officers can arrest foreign nationals and permanent residents who are suspected of breaching IRPA. For arrests of permanent residents or protected persons, immigration officers must have a warrant.

Immigration officers can detain a permanent resident or a foreign national at a port of entry in order to complete an examination, or if there are reasonable grounds to believe that the person is inadmissible for reasons of security or for violating human or international rights. Children under 18 are detained only as a last resort. Whenever individuals are arrested or detained, the Canadian Charter of Rights and Freedoms requires that CIC officers inform them of the reasons for their arrest or detention, their rights to legal representation, and their right to notify a representative of their government that they have been arrested or detained. Within 48 hours of a person's detention, immigration officers must review the reasons for the detention. A person who has been detained for 48 hours must appear as soon as possible before a member of the Immigration Division of the IRB, where  a CIC officer presents information to justify the detention.

CIC employs enforcement officers across Canada to investigate people who may have breached the Act. They work closely with the RCMP, CSIS, local police and other domestic and international agencies in their investigations.

If a person commits a minor infraction of immigration law after having been granted temporary entry to Canada, a departure order may be issued instead of a deportation order. An immigration officer or a member of the Immigration Division of the IRB may issue departure orders. A departure order may also be issued by an immigration officer for certain minor infractions of the IRPA. Once the terms of the departure order have been met, the person may reapply for entry at any time. Permanent residents, permanent resident visa holders and protected persons, can appeal removal orders at the Appeals Division of CIC, but there is no right of appeal in cases of inadmissibility on grounds of security, human or international rights violations, war crimes, serious criminality or organized criminality.  The IAD's decision can be appealed by both the person in question and the Minister of Citizenship to the Federal Court of Canada.

Under certain conditions, permanent residents may lose their permanent resident status. Among them: if a removal order issued against them comes into force. A removal order may be issued to permanent residents who are found to be inadmissible on security grounds, such as being a danger to the security of Canada, engaging in espionage, subversion and terrorism, or for being a member of an organization that has engaged or will engage in such acts.

Security and terrorism in IRPA

In IRPA terrorism remains a grounds for inadmissibility. Under s. 34 of the Act security grounds include:

(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; (b) engaging in or instigating the subversion by force of any government; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), or (c).