Summary
This report examines issues related to the procedural fairness of Canada’s security certificate process, and assesses the conditions of detention at the Kingston Immigration Holding Centre (KIHC) for those subject to certificates. Security certificates authorize the detainment and deportation of non-citizens who are deemed to pose a risk to Canadian security. Although security certificates have been employed infrequently since their inception, the process has been criticized on the grounds that the government has been using immigration legislation to deal with terrorism concerns, that the process discriminates unfairly against non-citizens and denies individuals subject to certificates the right to be heard and to respond to and test the evidence against them, and raises the possibility of indefinite detention without charge. The report makes recommendations on both the security certificate process and the governance and operation of the Holding Centre.
Contents
1. Introduction -- 2. The security certificate process. -- 2.1. The legislation. -- 2.2. How frequently has the security certificate process been used? -- 2.3. The Supreme Court of Canada appeals of Messrs. Charkaoui, Harkat, and Almrei. -- 3. What the committee heard concerning the security certificate process. -- 4. The Kingston Immigration Holding Centre (KIHC) and conditions of detention. -- 5. What the committee saw and heard regarding the KIHC. -- 5.1. Testimony of CBSA officials. -- 5.2. The Committee's visit to the KIHC in October 2006. -- 5.3. The Committee's visit to the KIHC in February 2007. -- 5.4. Brief provided to the Committee by the Security Certificate Detainees. -- 5.5. Input from advocacy groups. -- 5.6. Previous action by the committee. -- 5.7. Report of the Office of the Correctional Investigator. -- 5.8. Institutional culture at the KIHC. 6. Appendix A: list of witnesses. -- 7. Appendix B: List of Briefs. -- 8. Appendix C: CBSA press release on opening of KIHC. -- 9. Appendix D: List of security certificates. -- 10. Appendix E: Letter from security certificate detainees and response from CBSA. -- 11. Appendix F: Relevant portions of annual report of the Office of the Correctional Investigator of Canada 2005-2006, September 2006 (pages 19, 20). -- 12. Appendix G: Tenth Report - Issues raised by the use of security certificates under the Immigration and Refugee Protection Act. -- 13. Request for Government Response. -- 14. Dissenting opinion: CPC. -- 15. Dissenting opinion: NDP.