Issue notes: Standing Committee on Public Safety and National Security—Study on the Review of the Foiled Terrorist Plot in Toronto and of the Security Screening Process (August 28, 2024)

Security risk assessment and admissibility at the border

Proposed response

In processing travellers to Canada, the Government of Canada aims to "push the border out" and identify those who may be inadmissible in advance of their travel, including through the visa and electronic travel authorization process.

Prior to departure (air travel) and at ports of entry across the country, Canada Border Services Agency officials assess the security risk and admissibility of persons and goods coming to Canada, ensuring legitimate travel and trade can continue efficiently and safely, while keeping harmful goods and inadmissible persons out of our communities. This includes the collection of advanced passenger information in order to conduct targeting activities.

All persons seeking entry to Canada must report to an officer, answer all questions truthfully and must demonstrate they meet the requirements to enter.

The admissibility of all travellers, including those previously assessed overseas, is decided on a case-by-case basis using the information available at the time of entry. Several factors are assessed to determine if a person is admissible to Canada, including: involvement in criminal activity, human rights violations, or organized crime; security; health; or finances.

Every traveller entering Canada must also report goods they are bringing with them, including food, plant and animal products.

When arriving at an airport of entry, travellers are processed by the Agency via a kiosk or by through interactions with an officer. The CBSA assesses travellers against a variety of systems looking for any mandatory examination referrals due to systems hits/lookouts.

Travellers may be referred to immigration or a customs secondary examination for further processing depending on responses provided.

During an immigration secondary examination, officers check previous immigration history and may check the Canadian Police Information Centre / National Crime Information Centre (U.S.) if warranted.

Key statistics

In 2023 to 2024, 89 million travellers entered Canada, 30.7 million of which were foreign nationals (excluding permanent residents). In fiscal year 2023 to 2024, CBSA Liaison Officers issued No Board recommendations to 7,598 travellers for suspected fraud which includes:

• 3,344 No Board recommendations made as a result of the National Targeting Centre referrals

In 2023 to 2024, more than 38,000 individuals were denied entry at Canada's ports of entry.

Background

Ahmed Fouad Mostafa Eldidi, 62, and Mostafa Eldidi, 26, are two terrorism suspects who were arrested by the RCMP on July 28, 2024, for credible threats to Canada's national security. Ahmed Fouad Mostafa Eldidi was arrested for planning a terrorist attack in Canada.

Ahmed Fouad Mostafa Eldidi, the father, is a Canadian citizen and Mostafa Eldidi, the son, is a foreign national.

There has been considerable media coverage of this case, and that is anticipated to increase with the motion passed by the Standing Committee on Public Safety and National Security on August 13, 2024, to look at the case, and specifically the security screening processes in place for immigration-related applications and how those with alleged ISIS ties were admitted to Canada and the father obtained citizenship. The committee is to hold a total of six meetings, with two meetings scheduled for the week of August 26.

Ministers Miller and LeBlanc are invited, as well as senior officials such as Deputy Ministers of Public Safety, IRCC, the Commissioner of the RCMP, the director of CSIS, the president of the CBSA, as well as former Public Safety Minister Ralph Goodale.

Possible violations of IRPA

Proposed response

Protecting the safety and security of Canadians is a top priority for the Canada Border Services Agency.

The Canada Border Services Agency actively pursues enforcement action against foreign nationals and permanent residents who are inadmissible to Canada.

Investigations and removals are prioritized for cases involving security, war crimes, human rights violations, organized crime, criminality and war crimes, to ensure the safety of Canada and Canadians.

The Canada Border Services Agency is firmly committed to removing inadmissible individuals as soon as possible.

Background

One of the responsibilities of the CBSA is the enforcement of the Immigration and Refugee Protection Act (IRPA) both at the ports of entry (POE), as well as in Canada.

The CBSA identifies and takes appropriate enforcement action against foreign nationals and permanent residents who may be inadmissible to Canada. This includes the authority to arrest and detain inadmissible persons, where appropriate. If found inadmissible and issued a removal order, the person is then required to leave Canada, and the CBSA will take the necessary steps to enforce the removal order.

Immigration enforcement continuum

Immigration enforcement is initiated on the basis of information and circumstances that would lead an officer to believe that there has been a violation of the IRPA and Regulations. This can take place either at a POE when individuals seeking entry are being examined by CBSA officers or inland for those who are already in Canada.

Once the CBSA becomes aware of a possible IRPA violation by a foreign national or a permanent resident, the CBSA initiates an investigation, with priority given to cases involving the highest degree of risk (security, war crimes, human rights violations, organized crime and criminality).

Proceedings at the Immigration and Refugee Board (IRB)

CBSA Hearings Officers provide evidence, make arguments and recommendations at hearings before the IRB related to inadmissibility, detention, refugee protection claims as well as appeals regarding removal orders, residency obligations and sponsorships.

The Immigration Division of the IRB conducts admissibility hearings for cases referred to them by a Minister's Delegate, and is responsible for making a determination on admissibility on the basis of evidence provided to them and representations made by both the CBSA Hearings Officer and the person concerned.

Proceedings involving refugee claimants

When a refugee claim is made by an individual at a POE or inland, and if the claim is determined eligible to proceed, it will be referred to the IRB's Refugee Protection Division for a hearing.

All adults who make a refugee claim undergo screening by security partners. Additionally, refugee claims are triaged to determine if there are indications of inadmissibility, including criminality, safety, security or credibility concerns, which warrant the Minister's intervention in a claim. The CBSA and IRCC share responsibility for the refugee claim triage process.

If concerns relating to criminality, safety or security are identified, a CBSA Hearings Officer will intervene in the claim on behalf of the Minister of Public Safety to present facts as to why an individual should not be granted refugee status. IRCC may also intervene in a refugee claim where there are concerns relating to credibility and integrity (of the claimant).

If a refugee claim is accepted, the claimant may remain in Canada and apply for permanent residency. If a refugee claim is rejected, the individual has 30 days to voluntarily depart Canada; after this 30 day period, the individual may become the subject of CBSA enforcement action.

An individual who has been granted refugee protection may have their status vacated, if the individual engaged in misrepresentation or withheld information in their application, or cessated, if the individual no longer requires protection (for example, the individual has acquired third country citizenship or has re-availed themselves of the protection of their country).

Immigration arrest and detention

IRPA allows for arrest and detention of individuals, with or without an immigration warrant (depending on the status of the person), where an officer has reasonable grounds to believe that the person is inadmissible to Canada and poses a danger to the public; and/or is unlikely to appear for an immigration proceeding (examination, admissibility hearing, Minister's Delegate review or removal); and/or their identity has not been established in the course of an IRPA proceeding (for example, refugee claim).

Immigration warrants are valid Canada-wide and are registered in the Canadian Police Information Centre (CPIC). This measure ensures that individuals who are the subject of an immigration warrant are referred to the CBSA if they are encountered by law enforcement partners. In addition, CBSA Inland Enforcement Officers actively undertake investigations in an attempt to locate and arrest persons subject to an immigration warrant.

IRPA requires that the Immigration Division of the IRB review the reasons for continued detention within 48 hours after the individual is taken into custody. If no release is offered at the 48 hour detention review, further detention reviews must take place at least once during the 7 days following the initial review and at least once every 30 days after.

Removals process

The CBSA has a statutory obligation to remove any foreign national that is subject to an enforceable removal order. Immigration removal is an integral part of the CBSA's security mandate. Removals are prioritized for cases involving security, organized crime, human rights violations and criminality. Irregular migrant failed refugee claimants are also a priority due to their impact on program integrity and Canada's asylum system. Failed refugee claimants that entered Canada through designated port-of-entry are the next priority followed by all other inadmissible persons.

The existence of a removal order does not automatically mean that the CBSA is in a position to immediately remove someone from the country; there are a number of legal and administrative processes that must first be addressed. Once all legal avenues that could stay a removal order have been exhausted, the CBSA can begin removal preparation.

Immigration remedies

Not all inadmissible persons will be subject to enforcement action or ultimately be removed from Canada. There are various provisions available to potentially overcome inadmissibility:

• Public Policy issued by the Minister of Immigration, Refugees and Citizenship Canada to exempt any requirement under the IRPA
• Restoration of temporary resident status to allow persons whose authorized period of stay in Canada has expired (visitors, students, workers) to restore their status and remain in Canada
• Humanitarian and Compassionate application process to permit inadmissible persons to remain in Canada
• In-Canada refugee protection process
• Pre-Removal Risk Assessment process
• Temporary Resident Permit process to allow an otherwise inadmissible individual to enter or remain in Canada
• Criminal rehabilitation process to allow an individual inadmissible for criminality or serious criminality to be deemed or determined to be rehabilitated if they no longer pose a risk to public safety
• Ministerial Relief process whereby the Minister of Public Safety may overcome inadmissibility for security, certain human/international rights violations and organized criminality if not contrary to the national interest

IRPA inadmissibility grounds

The IRPA sets out inadmissibility categories and which Minister is responsible for the policy relating to each of the inadmissibilities:

• s. 34 – Security grounds (Public Safety and Emergency Preparedness)
• s. 35 – Human or international rights violations (Public Safety and Emergency Preparedness)
• s. 35.1 – Sanctions (Public Safety and Emergency Preparedness)
• s. 36(1) – Serious Criminality (Immigration, Refugees and Citizenship Canada)
• s. 36(2) – Criminality (Immigration, Refugees and Citizenship Canada)
• s. 36(2.1) – Transborder Criminality (Public Safety and Emergency Preparedness)
• s. 37 – Organized criminality (Public Safety and Emergency Preparedness)
• s. 38 – Health grounds (Immigration, Refugees and Citizenship Canada)
• s. 39 – Financial reasons (Immigration, Refugees and Citizenship Canada)
• s. 40 – Misrepresentation (Immigration, Refugees and Citizenship Canada)
• s. 40.1 – Cessation of refugee protection (Immigration, Refugees and Citizenship Canada)
• s. 41 – Non-compliance with IRPA (Immigration, Refugees and Citizenship Canada)
• s. 42 – Inadmissible family member (Immigration, Refugees and Citizenship Canada)