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ISSUING A CERTIFICATE Certificates are governed by the '' Immigration And Refugee Protection Act ''. The certificate is prepared for and signed by the Minister Of Public Safety and the Minister Of Citizenship And Immigration when a non-citizen, either a permanent resident or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is a threat to national security or has violated Human Rights abroad, or is involved with Organized Crime or other serious offences. The signed certificate is then referred to a Federal Court judge who reviews the evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge rules that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence to be revealed to the subject being detained or to his or her lawyer though the judge may provide a summary of the evidence heard. If the judge determines that the certificate is not reasonable, the certificate is quashed. If, however, the judge decides that it is reasonable, then the certificate becomes a removal order. The Federal Court's decision cannot be appealed. DETENTION An individual may be held for several years, without any Criminal Charge s being laid, before a hearing is complete, and can be deported without any criminal charge or conviction. According to the Ministry of Public Safety and Emergency Preparedness, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years."Ministry of Public Safety and Emergency Preparedness - Keeping Canadians Safe, http://www.psepc.gc.ca/prg/ns/seccert-en.asp Its use has been documented at least as far back as 1979 howeverSecurity Certificates, Jason Gratl, BC Civil Liberties Association,Jan. 2005, and it has been reported that its first use was in the 1960s deporting an alleged Italian mob boss. Calgary Herald, Jun 13, 2006 It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976). OUTSTANDING SECURITY CERTIFICATES Certificates have been used as a means to remove inadmissible non-Canadians since 1991. Currently, there are six individuals being detained in Canada under a security certificate:
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| "http://wwwinformationdelightinfo/information/entry/Mahmoud_Jaballah" class="copylinks">Mahmoud Jaballah , an Egypt ian detained in Toronto since August 2001 , also ordered to be released under restrictive conditions by a Federal Court judge on March 6th, 2007Macleans, Mar 7, 2007 - to be released |
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