Parliamentary Committee Notes: Responsibilities under the Immigration and Refugee Protection Act (IRPA): Minister of Public Safety
Issue
The Standing Committee on Public Safety and National Security intends to question Government of Canada officials on the security screening process in place to review temporary residence, permanent residence (PR) and citizenship application to ensure that individuals who have engaged in acts of terror are unable to enter Canada. It is expected that members of the Committee will enquire about the minister of Public Safety’s responsibilities under IRPA and the support he receives from Public Safety Canada, the Canada Border Services Agency (CBSA) and the Canadian Security Intelligence Service (CSIS) in relation to immigration security. Members may also ask the Minister’s and Deputy Minister’s views on potential changes to policies related to this issue.
Proposed Response
- The Minister of Public Safety and Emergency Preparedness has specific responsibilities under the Immigration and Refugee Protection Act, primarily related to inadmissibilities due to security concerns, and enforcement of immigration law.
- A foreign national is inadmissible to Canada on serious grounds if they pose a threat to the safety or security of Canadians. For example, they may have a connection to a known terrorist organization, be part of a regime that engaged in human rights violations, or be a member of an organized crime organization.
- These specific responsibilities include:
- supporting the immigration security screening process upon referral of applications from Immigration, Refugees and Citizenship Canada; , as well as
- enforcing detention and removal decisions for individuals who are inadmissible to Canada;
- Developing policies related to immigration security.
- Specific inadmissibilities for which the Minister of Public Safety is responsible include:
- national security grounds, including engaging in an act of espionage, subversion, terrorism or violence against Canada, or being a member of an organization that engages in such acts;
- human or international rights violations, including gross human rights violations, or genocide, a war crime or a crime against humanity;
- organized criminality, including people smuggling, trafficking in persons or laundering of money or other proceeds of crime.
- transborder criminality for committing, on entering Canada, prescribed offences.
- With regards to the security screening process, the Minister oversees the activities of the Canada Border Services Agency and of the Canadian Security Intelligence Service to ensure that individuals entering Canada are subject to appropriate security screening and do not pose a threat to the security of Canadians.
- The ultimate decision to grant status to a foreign national, including after considering the result of security screening, lies with the Minister of Immigration, Refugees and Citizenship, except in rare cases where the Minister of Public Safety may overcome specific security inadmissibilities.
If pressed – Public Safety Canada’s responsibilities
- Among other legislated responsibilities, the Department of Public Safety supports the Minister's responsibility for the coordination of entities within the Public Safety Portfolio (Canada Border Services Agency, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service).
- The Department leads on, and supports, the development of policies, legislation and regulations related to immigration security, and advises the Minister on his authorities under the Immigration and Refugee Protection Act.
- With regards to security screening, the Canada Border Services Agency and the Canadian Security Intelligence Service are the portfolio agencies responsible for operating the security screening process and developing related program policy, in support of Immigration, Refugees and Citizenship Canada.
If pressed – Are policy changes required
- Public Safety Canada, the Canada Border Services Agency and the Canadian Security Intelligence Service continuously review and update, as necessary, policies and procedures related to immigration security and enforcement, ensuring that these policies align with the national security interests of Canada and protect the safety and security of Canadians.
- The security measures integrated at all steps of immigration programs are robust, multi-layered, and leverage the strengths of Canada and its allies. While no single measure is sufficient in mitigating risks, the system as a whole works well to protect Canadians.
Background
Ahmed Fouad Mostafa Eldidi, 62, a Canadian citizen, and his son Mostafa Eldidi, 26, were arrested in Richmond Hill, Ont., and face nine terrorism charges including conspiracy to commit murder on behalf of the Islamic State of Iraq and the Levant.
These arrests have triggered significant media and public attention. Accordingly, on Tuesday August 13, 2024, the House of Commons Standing Committee on Public Safety and National Security (SECU) voted unanimously to launch a study on the matter, and to invite the Minister of Public Safety, the Minister of Immigration Refugees and Citizenship Canada, former Minister of Public Safety and current High Commissioner to the United Kingdom, Ralph Goodale, Commissioner of the RCMP, Michael Duheme, Interim Director of CSIS, Vanessa Lloyd, president of the CBSA, Erin O’Gorman, Deputy Minister of Public Safety Canada, Shawn Tupper, Deputy Minister of Immigration, Refugees and Citizenship Canada, Dr. Harpreet S. Kochhar and, and relevant departmental officials.
The House of Commons Standing Committee on Public Safety and National Security intends to hold six meetings with two the week of August 26th, and asked that priority be given to the Ministers appearances, to discuss the foiled terrorist plot in Toronto, the security screening process in place to review permanent residence and citizenship application to ensure that individuals who have engaged in acts of terror are unable to enter Canada, and how Ahmed Fouad Mostafa Eldidi was admitted to Canada and obtained citizenship.
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