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NOTES FOR AN ADDRESS BY
THE HONOURABLE JOE VOLPE
MINISTER OF CITIZENSHIP
AND IMMIGRATION

Before a meeting of the
Special Senate Committee on
the Anti-Terrorism Act

Ottawa, Ontario
November 14, 2005

Check against delivery

* * * * *

Thank you, Madam Chair.

It’s a pleasure to be here today. I want to first commend the work of this Committee and the very important contributions which I know you will soon make in the form of a final report.

Your review has touched on many issues, but perhaps none more important than those related to ensuring that the Government of Canada continues to maintain our strong track record of upholding individual rights while also protecting the safety and security of Canadians. All of us can be proud of your work to date and look forward to your recommendations on how we can and should move forward in the months and years ahead.

Today, you have asked me to talk about security certificates and the role of Citizenship and Immigration Canada in particular. Security certificates, of course, have attracted a fair amount of interest in recent years, as well as a considerable amount of misunderstanding. I would therefore like to spend my time with you this morning clarifying some points around how and why they are issued. I also want to briefly talk about my role as Minister and explain how Citizenship and Immigration Canada works with the Canada Border Services Agency. I’ll be happy to answer your questions after that.

Let me start with the observation that the security certificate process was put in place prior to the passage of Canada’s Anti-Terrorism Act and has remained a component of Canada’s immigration laws since 1991. The creation of this instrument was not directly related to either the tragic events of September 11, 2001, and it is not reflected in the provisions of the Act itself. Indeed, security certificates have been in use since 1977 and today allow the Government of Canada to meet its objectives under the Immigration and Refugee Protection Act (IRPA).

These objectives include protecting the health and safety of Canadians while promoting international justice and security by fostering respect for human rights and by denying access to Canadian territory to anyone who is a criminal or a security risk. Parliament has made these objectives a key component of Canada’s immigration law on two separate occasions. It has also twice confirmed the security certificate process as a legitimate way for the Government of Canada to achieve them.

Security certificates are therefore about maintaining the integrity of Canada’s immigration program by upholding our international obligations and by ensuring that certain individuals who are a threat to the security of Canadians are removed from Canada according to a process that is fair and balanced.

The Supreme Court of Canada has ruled in the Suresh decision of 2002 that the Government of Canada has the right and the duty to take such an action if it considers it necessary. The security certificate process itself has also been validated by the courts over the years and has withstood a number of Charter challenges. The courts have repeatedly ruled that the current process strikes the right balance between protecting the rights of an individual and the need to protect national security.

A 1996 decision of the European Court of Human Rights cited the Canadian security certificate model as an example of a process that accommodates legitimate security concerns while according the individual a substantial measure of procedural justice. I want to emphasize that the security certificate process is an exceptional measure used only in exceptional circumstances. Only 27 security certificates have been issued since 1991 — 20 of which have been found to be reasonable by the Federal Court and only three of which have not been upheld by the Federal Court. The rest are currently under review.

Much of the responsibility for security certificates today, of course, rests with the Canada Border Services Agency (CBSA) following the transfer of enforcement, intelligence and interdiction functions from Citizenship and Immigration Canada at the end of 2003. Citizenship and Immigration Canada will continue to issue visas and develop admissibility policies for immigrants, refugees and temporary residents. The CBSA will focus on its border management functions.

This means CBSA plays a part in helping to prevent people who would abuse Canada’s hospitality from reaching our borders, detecting individuals who are in Canada but in contravention of the IRPA, and subsequently ensuring that these individuals are removed in a timely manner.

In proceeding with the new distribution of responsibilities, the Government of Canada has carefully listened to the views of individual Canadians as well as those of stakeholders and NGO’s. After the creation of the CBSA, some expressed a desire for the Pre-Removal Risk Assessment Program to remain with Citizenship and Immigration Canada. This is now the case. Others expressed a desire for changes in the security certificate process itself. Each certificate now requires the signatures of two Ministers instead of one.

Let me now turn my attention to the role of the Minister of Citizenship and Immigration in this process.

Today, mine is one of two signatures on any certificate issued and the role of the Minister is to carefully review the information on which they are based. My role therefore is to provide a second set of eyes in order to ensure the information is factual and the conclusions drawn by a certificate are reasonable based on the evidence provided.

No security certificate is issued without the signatures of the Minister of Public Safety and Emergency Preparedness Canada (PSEPC) as well as the Minister of Citizenship and Immigration. The decision by the two Ministers to sign a certificate is based on security or criminal intelligence information as well as other information obtained in confidence. The Canadian Security Intelligence Service (CSIS) plays a key role in preparing the classified summary of information used to support the reasons for the certificate.

The supporting documentation must contain sufficient information for both Ministers to conclude that an individual is inadmissible to Canada on the grounds of security, violating human or international rights, serious criminality or organized criminality as defined by the IRPA.

At the beginning of the security certificate review process, of course, an individual is notified of his or her entitlement to apply for a Pre-Removal Risk Assessment (PRRA) review before a specially trained delegate of the Minister of Citizenship and Immigration who decides if there is a risk of torture or cruel and unusual treatment if the individual in question is returned to their country of origin. The certificate is then reviewed by a Federal Court judge to determine its reasonableness.

The PRRA ensures that Canada meets a high standard of international protection and upholds the Charter of Rights and Freedoms. If the Federal Court judge agrees with the assessment contained in the certificate then a removal order is issued. But before the person can be removed, there must be a determination that the nature and severity of the acts committed by the person or the degree of danger to the security of Canada that the person presents, are such that the person should not be allowed to remain in Canada.

I’d like to point out that Canada has never returned an individual under this process to a country where they face a risk of torture. But the Supreme Court of Canada has affirmed that we may do so in the most exceptional circumstances. That generally means if the danger to Canada’s national security posed by allowing an individual to remain in Canada outweighs considerations of the risk to an individual’s safety in their home country.

In cases where PRRA might be refused, the Federal Court will review the decision concurrently with its review of the reasonableness of the certificate. Clearly these are sensitive matters. So there are many checks and balances built into the system to help ensure the Government of Canada continues to uphold this country’s humanitarian traditions while also protecting the safety and security of Canadians.

In conclusion, I want to stress that Citizenship and Immigration Canada remains firmly committed to working with the CBSA to ensure the present system for security certificates remains fair and balanced. I therefore look forward to reviewing your report and to finding new ways together to enhance this dialogue and to strengthen our existing partnerships.

Thank you.