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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 27 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.