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Security certificates

A security certificate is one way for the Government of Canada to remove a person from the country who poses a threat. It is only used for individuals who present the highest level of risk, where there is information that needs to be protected for reasons of national security or if a person’s safety is at risk.

Security certificates are reviewed and signed by the Minister of Public Safety and Emergency Preparedness, and the Minister of Citizenship and Immigration. They can only be issued against permanent residents and foreign nationals who are inadmissible to Canada on grounds of security, violating human or international rights, serious criminality or organized criminality.

Process for issuing security certificates

Once signed, security certificates are referred to the Federal Court. The judge hears all or part of the evidence from the Ministers, in the absence of the person named. Upon examining the classified information, the judge determines how much can be made available to the individual concerned, by way of an unclassified summary. That information is provided to the individual. The summary must include sufficient information to enable the individual to be reasonably informed of the circumstances giving rise to the certificate, but it does not include anything, in the opinion of the judge, that would be dangerous to national security or the safety of any person if disclosed. The individual is therefore aware of the allegations against him/her.

The judge will also hear evidence and testimony from the person named in the certificate before ruling on whether a certificate should be upheld or not. The person may also call witnesses to testify in his/her defence.

Effect of a security certificate

When a security certificate is issued, all other immigration proceedings are suspended until the Federal Court makes a decision on the reasonableness of the certificate.

Foreign nationals who are the subject of a security certificate are automatically detained. Permanent residents may be detained on a case-by-case basis, pursuant to a warrant issued by the Ministers. In the case of permanent residents, the reasons for the ongoing detention are reviewed by the Federal Court within 48 hours and again every six months. If the judge determines that the certificate is unreasonable, the certificate is quashed. If, however, the judge decides that the certificate is reasonable it automatically becomes a removal order.

Facts

• The use of security certificates predates the September 11^th attacks. Security certificates have existed in one form or another for over 20 years.
• The security certificate process is pursuant to provisions in the Immigration and Refugee Protection Act (IRPA), not the Anti-Terrorism Act.

• Canada removes approximately 9,000 people per year. In contrast, only 27 security certificates have been issued over the past 14 years (first certificates were issued in 1991). Only five security certificates have been issued since September 11, 2001.

Learn more about security certificates and how they are applied through the Canada Border Services Agency.