A security certificate starts here. Two ministers sign a statement that a permanent resident or foreign national is inadmissible for security, war crimes, serious criminality or organized crime, and send it to the Federal Court. The government files its evidence along with a summary for the person that leaves out anything it says would harm national security or put someone in danger. Almost everything else in that person's immigration file stops until a judge rules on whether the certificate is reasonable.
(1)The Minister and the Minister of Citizenship and Immigration shall sign a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, and shall refer the certificate to the Federal Court.
(2)When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed.
Amendment History (6)
77.1 (1) If a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security is referred to the Federal Court and no warrant for the person’s arrest and detention is issued under section 81, the Minister of Public Safety and Emergency Preparedness shall impose the prescribed conditions on the person who is named in the certificate. (2) The prescribed conditions imposed under subsection (1) cease to apply only when (a)the person is detained; (b)the certificate stating that the person is inadmissible on grounds of security is withdrawn; (c)a final determination is made that the certificate is not reasonable; (d)the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or (e)a removal order is enforced against the person in accordance with the regulations.