Potential amendments related to conclusive findings of facts related to inadmissibility
Current status: Closed
Open on February 11, 2020 and will close to new input on March 11, 2020.
The Canada Border Services Agency (CBSA) is responsible for enforcing the Immigration and Refugee Protection Act (IRPA), which governs the admissibility of foreign nationals and permanent residents to Canada.
The CBSA is considering potential amendments to the Immigration and Refugee Protection Regulations (IRPR) that will require immigration decision makers to use findings of fact from processes in other jurisdictions when determining inadmissibility due to organized criminality (section 37 of the IRPA). The process to determine inadmissibility in other contexts (international or human rights violations, or security) already includes the consideration of findings of fact in other jurisdictions.
The determination of inadmissibility due to organized criminality plays a role in refusing an application, preparing an inadmissibility report, referring a report to the Immigration Division of the Immigration and Refugee Board, or otherwise rendering a decision on inadmissibility. Decision makers looking at a person’s potential inadmissibility due to organized criminality must undertake the analysis of a significant amount of evidence in order to render that decision. The potential regulatory amendments would simplify this administrative process, streamline inadmissibility decision-making, increase transparency related to the basis of the inadmissibility determination, and foster greater consistency among decision-makers.
About the amendments
These potential regulatory amendments would be established under the authority of section 43 of IRPA, and would create a new authority modelled on existing authorities found in sections 14 and 15 of the IRPR. The potential regulations would bind immigration decision makers to findings of fact established as part of decisions and sentencing hearings made by Canadian criminal courts, including proceedings concerning any of the following offences:
- Participation in activities of criminal organization
- Recruitment of members by a criminal organization
- Commission of offence for criminal organization
- Instructing commission of offence for criminal organization
The potential amendments would similarly bind immigration decision makers to facts that were established during a sentencing hearing when such facts were used to either increase an offenders sentence or impose a mandatory minimum sentence because the offence was committed for the benefit of, at the direction of, or in association with, a criminal organization.
To help inform this process, the CBSA is embarking on a public consultation process to give all interested stakeholders an opportunity to provide input.
Context of proposed amendments
Amendments align with the Minister of Public Safety’s mandate letter to develop new policies and legislation to reduce organized crime and gang activity in Canada. They also align with the notice placed on the CBSA Forward Regulatory Plan for 2019 to 2021. Finally, this measure supports the government response to a report of the Standing Committee on National Security and Defense. The standing committee released its report, Vigilance, Accountability and Security at Canada’s Borders, and the government responded by committing to explore policy options to improve the efficiency of the inadmissibility determination process.
The CBSA asking interested and affected parties to provide input into this process.
How to participate
- Consult the notice
- Contact us to provide your comments.
The objective of this consultation is to provide interested stakeholders with the opportunity to comment on the potential amendments that would require immigration decision makers to treat as conclusive findings of fact, findings of fact established as part of a decision by a Canadian court as part of a criminal process arising from an offence relating to organized crime.
Please submit your questions or comments by email:
Inadmissibility Policy Unit
Immigration Enforcement, Customs, and External Review Policy Directorate
Canada Border Services Agency
100 Metcalfe St
Ottawa ON K1A 0L8
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