SECURITY CERTIFICATE LEGISLATION PASSED

Feb 14, 2008 16:20 ET

Minister Day Announces Passing of Legislation to Improve the Security Certificate Process

OTTAWA, ONTARIO--(Marketwire - Feb. 14, 2008) - The Honourable Stockwell Day, Minister of Public Safety, announced that the Senate has passed Bill C-3, which is legislation that amends the security certificate process under the Immigration and Refugee Protection Act (IRPA)."We introduced this legislation to maintain the use of security certificates and protect Canadians from threats, but also to strengthen the rights of those arrested under a security certificate," said Minister Day. "Now that this legislation has passed, security certificates - which would never apply to Canadian citizens - will continue to be used to arrest and deport foreign citizens who pose a threat to national security, and at the same time will respect individual rights and freedoms."This legislation introduces a number of new measures to the process to address the Supreme Court of Canada's ruling in February 2007, including the introduction of special advocates. Special advocates - who will be qualified lawyers - will protect the interests and rights of individuals who are subject to security certificates, ensuring they are adequately represented during closed proceedings.

The special advocate will:

- Have the ability to challenge the Government of Canada's claim that the disclosure of confidential information would be injurious to national security or would endanger the safety of any person;

- Be authorized to cross-examine witnesses and make submissions to the Court;

- Be able to communicate with the subject of a security certificate without restriction until such time as they see the confidential information upon which a certificate is based.

The legislation also reflects the Supreme Court's decision by providing foreign nationals with the same detention review rights as permanent residents.

Any person subject to a security certificate will be entitled to an initial detention review, by a Federal Court judge within 48 hours. This may be followed by ongoing reviews at six-month intervals thereafter.

By passing this legislation, Parliament is strengthening and improving an immigration process that is designed to protect Canadians from threats while respecting individual rights and freedoms. The Government of Canada will continue to take a comprehensive approach to our nation's security and will continue to work with Parliamentarians to make sure we have the best tools in place to keep Canadians safe.An online version of the legislation will be available at www.parl.gc.ca.

BACKGROUNDER

Security certificates- It is not a criminal code proceeding, it is an immigration instrument that is only used against non-Canadian citizens.- It is a certificate signed by the Minister of Public Safety and the Minister of Citizenship and Immigration when a person in Canada has been deemed an extremely high risk to Canadian security.- The purpose of the certificate is to remove the person to their country of origin. The Government of Canada issues a certificate only in exceptional circumstances where the information to determine the case cannot be disclosed without endangering the safety of any person or national security.- Since 1991, there has been a total of 28 security certificates issued.- In some cases, a judge may order the person detained during the security certificate removal process to protect national security or public safety. However, a person subject to a security certificate is free leave Canada at any time and return to their country of origin.- In its February 2007 ruling in Charkaoui v. Canada, the Supreme Court recognized that one of the most fundamental responsibilities of government is to ensure the security of citizens. The Court found that additional safeguards should be incorporated into the process to better protect the rights of individuals subject to a certificate.- On October 22, 2007, the Government of Canada introduced Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificates and special advocates) in the House of Commons to respond to the Supreme Court's ruling.- Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificates and special advocates), received Royal Assent on February 14, 2008.