Individuals may be inadmissible under the Immigration and Refugee Protection Act (2001), (IRPA), to obtain, or retain, statuses on the grounds of security. Under section 34, permanent resident or foreign nationals are inadmissible on security grounds for: engaging in acts of espionage or acts of subversion against a democratic government, institution or process, as understood in Canada; engaging in or instigating the forced subversion of any government; engaging in terrorism; being a danger to the security of Canada; engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts described in the section.

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Individuals may be inadmissible under the Immigration and Refugee Protection Act (2001), (IRPA), to obtain, or retain, statuses on the grounds of security. Under section 34, permanent resident or foreign nationals are inadmissible on security grounds for: engaging in acts of espionage or acts of subversion against a democratic government, institution or process, as understood in Canada; engaging in or instigating the forced subversion of any government; engaging in terrorism; being a danger to the security of Canada; engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts described in the section. An exception to this provision exists in subsection 2 when a permanent resident or a foreign national is able to satisfy the Minister that their presence in Canada would not be detrimental to the national interest. Section 35 makes inadmissible applications from persons who have engaged in or, in the opinion of the Minister, engages in the or has engaged, in terrorism, crimes against humanity, war crimes and gross human rights violations.

Individuals are also inadmissible under the IRPA for committing serious crimes. Under section 36 permanent residents and foreign national are inadmissible on grounds of serious criminality including when they: have been convicted in Canada of an offence punishable by 10 years imprisonment or of an offence for which a term of imprisonment of more than six months has been imposed; have been convicted of an offence outside Canada that, would constitute an offence in Canada punishable by 10 years imprisonment; or have committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years. Foreign nationals are also inadmissible under the provision on grounds of criminality if they have been convicted in or outside Canada of an offence or have committed an offence outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence, or have committed on entering Canada, an offence under an Act of Parliament prescribed by regulations. Exceptions to these provisions include where a pardon has been granted and has not ceased to have effect or been revoked or an offence in respect of which there has been an acquittal; and where the individual satisfies the Minister that they have been rehabilitated.

Section 37 also makes organised criminality a reason for inadmissibility, including: being a member of an organization that is believed on reasonable grounds to be or to have engaged in activities to commit offences punishable in Canada or offences outside Canada that would constitute such an offence in Canada; or engaging in transnational crime such as people smuggling, trafficking in persons or money laundering. Exceptions exist where a permanent resident or a foreign national is able to satisfy the Minister that their presence in Canada would not be detrimental to the national interest; and where a permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity. Refugees who entered the country with the help of people smugglers would therefore be excluded from liability.

Section 55 sets out the circumstances in which permanent resident or a foreign nationals may be detained or arrested, these are where there are reasonable grounds to believe their claim is inadmissible under the IRPA and that they are a danger to the public or, unlikely to appear for examination, an admissibility hearing or removal from Canada. If an immigration officer is not satisfied about the identity of the foreign national in the course of any procedure under this Act they may also be detained. Permanent residents or foreign nationals may be detained on entry into Canada, if it is considered necessary for the examination of their case to be completed; or if there are reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security or for violating human or international rights. Under section 57 after 48 hours the detention and the reasons for it must be reviewed and the persons release may be ordered under section 58. Under section 56 the individual must be released from detention if the reasons for it cease to exist.

The Anti-Terrorism Act of 2001 was introduced to amend a number of pieces of legislation in Canada, including the Criminal Code and Official Secrets Act to prevent and suppress the financing, preparation, facilitation and commission of acts of terrorism, as well as to protect the political, social and economic security of Canada and Canada's relations with its allies. Section 83.1 of the Criminal Code defines terrorist activity as an act or omission committed in whole or in part for a political, religious or ideological purpose, objective or cause with some intention of intimidating the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether inside or outside Canada. Such acts may have a number of causes including: death or serious bodily harm; endangerment of a persons life; serious risk to the health or safety of the public or any segment of the public; or substantial property damage. Contravention of the Act may lead to, amongst other sanctions under section 83.12: summary conviction, a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or conviction on indictment, to imprisonment for a term of not more than 10 years.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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