How many times can you spot the letter "s" in:
Are you inadmissible to Canada?
Is this inadmissibility based on security, human and international rights violations or organized criminality?
The primary grounds for inadmissibility in the criminal context are set out at sections 34 – 42 of the Immigration and Refugee Protection Act (IRPA). With respect to inadmissibility on grounds of security (section 34), human and international rights violations (section 35) and organized criminality (section 37) we outline various considerations below. Please note that for the purposes of inadmissibility “permanent resident” refers to any individual who has acquired and not subsequently lost permanent resident status. “Foreign national” refers to any person who is not a Canadian citizen or permanent resident, and includes a stateless person.
Espionage under subsection 34(1)(a) refers to the practice of gathering information by spying, usually seeking information from a hostile country to benefit one’s own country. “Subversion” under subsection 34(1)(b) is the act of overturning or overthrowing a organization through illicit or improper means. “Democratic” under subsection 34(1)(b.1) refers to government by the people. Finally, “terrorism” under subsection 34(1)(c) relates to use or threats of acts of violence against persons or property with the intent of achieving some political objective. The purpose of terrorism is, by its nature or context, understood to be to intimidate a population or to compel a government or an international organization to abstain from some action.
For reference, “terrorism” under subsection 35(1)(b) holds the same definition as under 34(1)(c), as set out above. “Crimes against humanity” under subsection 35(1)(b) refers to those acts defined under section 6(3) to (5) of the Crimes Against Humanity and War Crimes Act, including murder, extermination, torture, sexual violence and deportation committed against a civilian population or identifiable group. “Genocide” under subsection 35(1)(b) refers to actions taken to destroy an entire group of persons, as defined under international law. Finally, “war crime” under subsection 35(1)(b) refers to acts or omissions committed during an armed conflict, as defined under intentional law or conventional international law applicable to armed conflicts.
b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.
“Transnational crime” under subsection 37(1)(b) refers to offending that extends beyond or operates across national boundaries.
Please note that, pursuant to section 42.1(1) of the IRPA, following an application by a foreign national, the Minister may declare that the matters referred to in sections 34, 35 and 37 do not constitute inadmissibility in respect of a foreign national if they satisfy the Minister that it is not contrary to the national interest.
Assessments of whether a non-citizen fits within one of the above categories must conclude that there are reasonable grounds to believe that the acts under investigation have occurred, are occurring or may occur. This test requires that information referred to in support of the decision is specific, credible and from a reliable source.
Any public information that establishes the propensity for violent acts by the individual.
Media articles, scholarly journal articles, expert evidence.
Findings of inadmissibility under sections 34, 35 and 37 have serious ramifications as there is no right of appeal for permanent residents or foreign nationals under subsection 64(1) of the IRPA. These decisions may be challenged to the Federal Court of Canada in some instances. Please contact our office for further information and how we may be able to address inadmissibility under sections 34, 35, and 37 of the IRPA.
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In the text, there are two hundred and fifteen "s"s.
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