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ARCHIVED - Fact Sheet
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July 2009
Keeping Canada safe
Snapshot
Public safety is a priority for the Canada Border Services Agency (CBSA). The CBSA and Citizenship and Immigration Canada (CIC) work together to enforce the Immigration and Refugee Protection Act to ensure that Government of Canada immigration priorities are met.
CIC officers work at visa offices overseas to assess and process the applications of people who want to come to Canada as permanent residents or refugees. These officers also assess the applications of those who wish to come to Canada to study or work. When applications are approved, applicants are provided with the documents they need to present when they arrive at a Canadian port of entry. Based on the documents presented and on any necessary follow up, CBSA officers either permit applicants to enter Canada or deny access to people who have been involved in serious crimes, who pose a threat to Canada's security or for other reasons specified in the Immigration and Refugee Protection Act.
In Canada, CBSA officers remove people who are inadmissible for such reasons as security, terrorism, criminality, espionage and violations of human or international rights, including war crimes and crimes against humanity. To support its work outside Canada, the CBSA has 56 migration integrity officers located in 46 locations abroad.
Law enforcement partnerships
The CBSA collaborates with international and Canadian partners, including CIC, the RCMP, the Canadian Security Intelligence Service and municipal and provincial law enforcement agencies. The common goal is to prevent criminals, people involved in organized crime or in human or international rights abuses, and people who pose a security threat from taking advantage of Canada's immigration program.
Background checks
The Government of Canada carries out background checks on anyone 18 years of age or older who applies to immigrate to Canada or who makes a refugee claim. These background checks are an important tool to identify criminals and known security threats. Officials use various sources for background checks including visa application forms, intelligence information, criminal conviction records and immigration records. Temporary Canadian residents may also be subject to background checks before their application is approved
Danger opinions
The Minister of Citizenship and Immigration issues a danger opinion if he or she believes that the person is a danger to the Canadian public or a danger to Canada's security. The Minister can issue danger opinions against Convention refugees facing removal from Canada and against persons claiming protection. Officials review the history of each case to determine if the danger the person represents to Canada outweighs the risk of removing the person to the country from which he or she fled.
The effect of a danger opinion
A danger opinion allows the CBSA to remove a Convention refugee from Canada. It also means that a refugee claimant cannot be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada.
Security certificates under the Immigration and Refugee Protection Act
The Minister of Public Safety and the Minister of Citizenship and Immigration review and sign each security certificate. Certificates cannot be issued against Canadian citizens; they can only be issued against permanent residents of Canada and foreign nationals.
A security certificate is one way for the CBSA to remove a person who is inadmissible to Canada for reasons of security, for violating human or international rights, for serious criminality or for organized criminality. A security certificate is only issued when information must be protected from disclosure because its release would be injurious to national security or to the safety of a person or persons.
Once a security certificate is signed, it is referred to the Federal Court where a judge hears all or part of the evidence. These proceedings are closed and the judge determines which information cannot be disclosed publicly.
A special advocate protects the interests of the person subject to the certificate during the closed proceedings. The special advocate can challenge the Government of Canada's claim that the disclosure of information used to support the security certificate would be injurious to national security or would endanger the safety of any person. This individual can also challenge the relevance, reliability and sufficiency of the information or other evidence provided by the Government of Canada. The special advocate is authorized to cross-examine witnesses and make submissions to the Court. In addition, the special advocate can communicate with the person who is the subject of a security certificate without restriction until he or she sees the confidential information upon which the certificate is based. After that time, communications between the special advocate and the subject of a security certificate must be approved by the Court.
Throughout the proceedings, the judge ensures that the person named in the certificate is provided with a summary of information and other evidence. This enables the person to be reasonably informed of the case made by the Government of Canada but does not include information which, if disclosed, would endanger national security or the safety of any person. The person named in the certificate may present arguments and submit any evidence necessary, including calling witnesses, to defend against the allegations in the security certificate.
If the person named in the certificate is detained, the judge conducts regular reviews of the reasons for the person's continued detention. The judge may order the person to remain in detention, to be released or to be released on conditions.
When a security certificate is issued
Most proceedings under the Immigration and Refugee Protection Act are suspended until the Federal Court makes a decision on the reasonableness of the security certificate. The only proceedings that may take place before the Federal Court decision include those related to detention or the terms and conditions of release; the pre-removal risk assessment; and the danger opinion (or principle of non-refoulement).
The person named in a certificate may be detained if the Minister of Public Safety and the Minister of Citizenship and Immigration issue a warrant for the arrest and detention of the person.
The ministers issue a warrant if they have reasonable grounds to believe that the person is a danger to national security or to the safety of any person, or the person is unlikely to appear at a proceeding or for removal from Canada.
If the judge determines that the certificate is unreasonable because there is insufficient evidence, the certificate is quashed. If the judge determines that the certificate is reasonable, the certificate is conclusive proof that the person is inadmissible and constitutes a removal order that is in force.
The Federal Court's decision on the reasonableness of the certificate cannot be appealed unless the judge certifies that a serious question of general importance is involved, and states the question for consideration before the Federal Court of Appeal.
