JRPA Division 9 IntenIepartmental Working Group April 01. 2009 2:00 - 3:00.

340 Laurier, Boardroom liE

I. Litiption Developments 2. Senate ATA Committee

3. RMAF Evaluation Process

4. Other Items

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• *.*.* ••••••••

Groupe de travail interministeriel LIPR Section 9 Le 4 mars 2009, 14 h a 15 h, 340 Laurier, piece 11 E

Ordre dujour:

1. Developpements sur les Iitiges

2. La Lot amlterroriste (LA) devant Ie Comite du Senat

3. Processus d'evaluation du CGRR

4. Autres items

<;, j·,rr'·\.,·i'

').' s IF;'" ,,!J".

Special ADM Steering Committee on Diplomatic Assurances

April 6, 2009

(269 lAurier Avenue, Room 1782000, 1O:3Oam - 12:0Opm)

1. Diplomatic Assurances

o Update (DOJ/Leigh Taylor)

o DiscusSion (All)

o Approval / Next Steps (All)

............................ " A •• A ******************""********** * ******************'***

Comit~ spkial de direction des SMA sur les Assurances diplomatiques

Le 6 avril 2009

(269, atenue Lautier, piece 17B 2000, 10 h 30 il 12 h)

1. Assurances diplomatiques

o Mise-A-jour (MdJ / Leigh Taylor)

o Discussion (Tous)

o Approbation / Prochaines etapes (Tous)

000003

I.·:'

.. , .. ,'. ,~. r.. ,J"',CC

Pagels) 000004 to\a 000023

Is(Are) exempted pursuant to section(s) est(sont) exemptee(s) en vertu de(s)(I')article(s)

15(1) -International, 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d)

of the Access to Information Act Access to Information Act

Is(are) duplicate(s) est(sont) (des) duplicata(s)

Page(s) 000024 to\a 000039

5.19(1) 5.69(1)(g) re:

Page I of2

Dawson, Jessica ·leT -CS

From: Gwozdecky. Mark -ICX -C5

Sent: January 25, 20103:43 PM

To: Dawson, Jessica -ICT -C5

Subject: FW: ADM Mig re Security Certificates, Diplomatic Assurances, Alternatives to Removals

Securlty/s.§curtte: SECRET I SECRET

as requested

From: Gwozdecky, Mark -ICX -C5 Sent: December 1, 2009 1:22 PM To: Brodeur, Yves -IFM -cs

Cc: 1M Repository I Repertoire de GI; Adsett, Hugh -JLA -C5; Hamilton, Kevin -LON -GR -C5; Pimm, David -ICTCS; NoIke, Sabine -JLH <5; Knobel, Carolyn -JLHA -C5; Justice, Department of -BH C5/Justice, Ministere de _PP CS; DiGangi, John -151 -cs. Adler, Melissa -lSI -c5j Walma, Michael-ICT -C5; Hamilton, David -ICT -C5; Meyer, Paul-ISO -CS; DiGangi, John -151 -C5; Anderson, Gary -ISIW -C5; Cruz, Cheryl -JLAA -C5; Buck, Kerry -IPM -C5; Hanson, Sam -IPM -CS; Maherali, Alnoor -IFM <5; Holmes, John -GMD -CS; Mclaren, Jeffrey -GMA -C5; Hanley, Meghan -ICTC -cs

SUbject: ADM Mtg re Security Certificates, Diplomatic Assurances, Alternatives to Removals

-,

Security/securite: SECRET I SECRET

Yves

On your behalf I attended yesterday's ADM mtg on Security Certificates. There were two Items on the agenda:

a) b)

The meeting was chaired by Lynda ClairmonUADM PS and was attended by representatives from CSIS, RCMP. JUS, PCO and CBSA (mostly DGs and Directors)

______.;;..--':> I

Results as follows:

.. "reasonableness" of his certificate. ilij~I~~;!:.ii.illi;;J

Mah,oub: JUdge ruled today that he sh I . . .

ou d be released under certain stnct conditions, pending determination of

27/0112010

5.15(1) -International 5.21(1)(b)

Page 2 of2

"reasonableness", anticipated for February 2010.

2710112010

Page(s) 000042 to\a 000094

's(Are) exempted pursuant to section(s) est(sont) exemptee(s) en vertu de(s)(I')article(s)

15(1) -International, 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d), 69(1 leg) re:

of the Access to Information Act Access to Information Act

I-'r(I(;\;:'_'\.(':'(; I ~n'Ji:r ~h' D~ )'JI€iOn5 LJ! tilE' A:;r.v,', !.> :tlf~:rrrr,- iJ :':"_' ';

f-~t'",)::·t· .c-tu (K re ;,c1 ~~.' 1'3(:; e s .-J /'1'llO/I(.' ]~:(:n

s.21(1)(b)

Groupe de travail sur les Alternatives aux refraits Ebauche des tennes de reference

Membr{!s

o (Copresident) Ministet'e de Ia Justice

o (Copresident) Securite pubJique Canada

o Agence des services frontaliers du Canada

o Service canadien du renseignement de securite

o Citoyennete et Immigration Canada

o Ministere des Affaires etrangeres et du Commerce international

o Bureau du Conseil prive

o Gendarmerie royaIe du Canada

.....

Obiectif

L'objectif du mandat du groupe de travail doit etre plus large que les Certificats de securite.

Echeancier

Le groupe de travail dirigera son travail sur une periode de dix mois. Le groupe remettra des rapports a court tenne a l'interieur des deux ou trois premiers mois et Ii long terme, en remettant des rapports dans neuf Ii dix mois.

2

, I'.,'nr:~-, (/ '1,':" !.,; ;r'- "

t.c- ',: '.1 r """'1 ,,I ·'.',cr,

s.21(1)(b)

Working Group on Alternot;ves to Removal DraD Terms ofReferel1ce

Membership

o (Co-Cbair) Department of Justice

o (Co-Chair) Public Safety Canada

o Canadian Border Services Agency

o Canadian Security Intelligence Service

o Citizenship and Immigration Canada

o Department of Foreign Affairs and International Trade

o Privy Council Office

o Royal Canadian Mounted Police

Scope

The scope of the working group's mandate should be broader than security certificates.

Time Frame

The working group conduct its work over a 10 month period. The group will produce short term deliverables within the first 2-3 months and long-term deIiverables within 9-10 months.

I'r~:'C!~:.s.E-C unoor ~:"'" '-'-J'/I\ IOr.!' "I :"i.e, .... ~·(;L'·;', ! .. :,/:r'-:'((I':'(,.:.;. F~·I,'j:.{· 'j" \"~;"\w " ... '~ !...-:;. r: .. , roccc-; J f'm/OJ/!i,I/!<,;r;

s.21(1)(b)

Working Group on Alternatives to Removals to Country ofOri[tin Draft Terms ofReferellce

Membershjp

o (Co-Chair) Public Safety Canada (PS)

o (Co-Chair) Department of Justice (DOJ)

o Canadian Border Services Agency (CBSA)

o Canadian Security Intelligence Service (CSIS)

o Citizenship and Immigration Canada (CIC)

o Department of Foreign Affairs and International Trade (DF AIT)

o Privy Council Office (PCO)

o Royal Canadian Mounted Police (RCMP)

Scope

The scope of the working group mandate is to be broader than security certificates.

Time Frame

Once convened, the group will produce short term deliverables within 2-3 months and long term deliverables within 9-10 months.

Terms of Reference

The working group is to meet the following objectives:

J:OI.JU.;",M"l. Ifll,j.;1 !.,,- 11; "Ii: 'WL' ',r h: ,:'_,.~',"" I ,/1" J.~,

F ,"'I,,, .'~"!'J U. s , '~I: ;J' ,1':,;,.'\ .:1 ,","/(,"!I,'" ',"]

8.21 (1 )(b"'age I of I

eru.. Cheryl .JLAA

McMinn, Kimberly (Klmberly.McMinn@ps-sp.gc.caJ on behalf of Ladouceur, Nicole lNlcole.Ladouceur@ps-sp.gc.ca)

March 18,20093:33 PM

lennifer.lutfallah@cbsa-asfc.gc.ca'; 'sylvie.seguin-brant@cic.gc.ca'; 'lamarchem@smtp.gc.ca'; Cruz, Cheryl-JlAA; 'edward.drodge@rcmp-grc.gc.ca'

Lobo, Michelle; 'doug.breithaupt@justice.gc.ca'; 'chantele.ramcharan@justice.gc.ca'; Beecher, Sophie

SUbject: ATR Working Group - Meeting on March 24th, 2009

Attach ........ : 2009-03-24 ATR WG Agenda.doc; A TR WG DRAFT Terms of Reference.doc; ATR Working Group Contact List - March 09, 2009.doc

To:

Cc:

Hello Everyone,

The .first meeting of the A TR Working Group will be held on TUESDAY MARCH 24. 2009 from 2:00pm~ at 340 Laurier on the 11111 Floor Boardroom lIE (agenda attached).

As you know, the ADM Steering Committee on Security Certificates met on February 12, 2009 and agreed to the creation of the Alternatives to Removals Working Group (draft terms of reference attached). The working

group has been due

j)

ii)

iii) iv)

For the meeting on Tuesday we would like to address the first objective and ask that you come prepared to speak to this issue on behaH of your department or agency. The next ADM meeting is scheduled for April 06, 2009 and we anticipate that the status of the working group will be raised. Please note that due to the ~e1ines given to meet the objectives we will be holding working group meetings every two weeks (contact list attached).

Thanks,

Nicole Ladouceur (Co-Chair)

DG National Security Operations Public Safety Canada

Doug Breithaupt (Co-Chair) Senior Counsel

Criminal Law Policy IJepartment of Justice

"- -( !'n:1"r t- "'!' 1.(1, .r 1 ':':., '~:rlr, .. ·j,

-IOv .• :./ .' .~' .. ' ,(,' "n

Page I of I

Cruz, Cheryl .JLAA

FftNn: Johnson, Amy (Amy.Johnson@ps-sp.gc.ca) Sent: January 11, 2010 8:39AM

To: 'Peter Bonnell'; 'Michel LAMARCHE'; 'Breithaupt, Doug'; 'Gilmour, Glenn'; 'Ramcharan, CharIttIe'; Cruz, Cheryl-JLAA; Forsythe, Douglas -JLAA; 'Allison, Christopher'; 'Gome&.MelIsSa@Cjc.gc.ca'; 'Harvey. Theresa'; Lefebvre, Manon; 'Howlett, Catherine'; 'Ratushny, Klmberfy'

Cc: Chayer, Marie-Helene; Amott, Charles; Galadza, Larisa; MacKinnon, Paul

SUIIjecI: ATR WG

Good morning everyone,

I hope this message finds you well.

I wanted 10 let you know that Friday's meeting of ADMs went very well, and we received clear direction to proceed with an in depth analysis of some of the options outlined in the ATR deck. Chantele and I will put together the highlights of the discussion. In addition, we will be working with the co-chairs to draft a work plan for the group, as there was a keen interest on the art of ADMs to "land" on these Issues. Both documents will be circulated towards the end of this week, with the-inb~ntion of meeting early nexfweek to discuss the work plan, next steps and key issues.

Thanks again for aU of your input on the deck. It generated a lot of discussion.

111 be in touch again soon. Please feel free to give me a call If there's anything you'd like to discuss.

Cheers,

Amy

8.21(1)(a)

" ,

Altenlltlvel tD RemOYal Worldq Groap

Punufaa Diplomatic Alsaraac:es

anddomestiCla~:---_--r,(,ll II,

risk that they will '

'nro~ll"bition creates the security of there is a

this is to seek assurances

be tortured, - __

:~Ill __ ~de a mechanism which may be used to

inadmissible foreign nationals who allege they will be assurances is to mitigate the risk of torture a removal and thereby ensure a level of

It deJiJ.rtaljon in compliance with international law and

DeItd8d, or __ be subjeotod to aucl,......-J,

iDh ...... or dogradiDa_ OJ" puaisbmcut

dlplomstic negotiations. the content of assurances against ...._,""----- and level of specificity ultimately may affect the assessment

of their reliability. assurances may simply reaffirm existing obligations under

intemationallaw. Canada has obtained such assurances from a number of countries in the past, including Egypt, China, and Sri Lanka. To date, Canada has not been able to rely on such assurances to deport individuals to countries where they might otherwise fiIce a substantial risk of torture.

Other assurances may provide for access to counselor to an independent medical exam, guarantee certain fair trial rights or establish monitoring mechanisms. The Federal Court in Lot (2007) held that it was patently unreasonable for a PRRA officer to rely on

:'\ '.'

---.-- ...... ~- ...

l'. w;'; ~",I.J·~'l ~". _;':_:.;;;.,;.1..r;:,;. .-,11;' ,. .. ,;,-',' .' '('I ,',

~ "-'!cJ 1 : ~ ;.'~' ',' '. -€<; ~I'lft'".i~'~ ~,'1'·~

s.21(1)(a)

8IISII1"8IICI'S apinst torture from China, as, among other things, the PRRA officer failed to COII8idcr whether it was appropriate to rely on the assurenees in the absence of any etrectIvo monitoring mechanism. Similarly, the UK House of Lords confirmed that, wbme there is a widespread pattern of human rights abuses in the country of return, IIII8IIl"IIDCCI must be carefully scrutinized to determine whether they provide reliable and

I sufticieDt protection apinst a substantial risk of torture to the individuals to be returned.

In doing so. tile UK House of Lords upheld a series of decisions relying on assurances ftom Algeria and Jordan to justifY deportation. The individuals in question in these cases were covend under framework qreements or memoranda of understanding for removals

negotiated by the UK with Algeria and Jordan. The MOUs for independent or

oIher monitoring mechanisms.

The decision by the House of Lords, even if subject to .A..Ifl(,.,'ICIOI European Court of

Human Rights, bas recognized that, in at least some against

torture can sufficiently minimize risk to permit reQ;~Ro¢o "",,"ntrii...<N~ human

rights records. The legal debate has shifted fto~~road arguments ~ .... """'~_I- about

whether assurances can ever be IIIlPlropriate, assurances should be considered sufficient

a specific case.

8.21(1)(a)

I,

',~ .~.

, , "~ :~~~~it\,:

'"

"

, \

PoUg' Recommendations

•

AHematWes to Removal Working Group

Pursuing Diplomatic Assurances

.rtBii'fcle a mechanism which may be used to inadmissible foreign nationals who allege they will be assurances is to mitigate the risk of torture a removal and thereby ensure a level of ~~~~n in compliance with intemationlil1ii\V and ~

As they are the the content of assurances against

torture can level of specificity ultimately may affect the assessment

of their reliability. assurances may simply reaffirm existing obligations under

intemationallaw. Canada has obtained such assurances from a number of countries in the past, including Egypt, China, and Sri Lanka. To date, Canada has not been able to rely on such assurances to deport individuals to countries where they might otherwise face a substantial risk of torture.

Other assurances may provide for access to counselor to an independent medical exam, guarantee certain fair trial rights or establish monitoring mechanisms, The Federal Court in Lai (2007) held that it was patently unreasonable for a PRRA officer to rely on

assurances against torture from China, as, among other things, the PRRA officer failed to consider whether it was appropriate to rely on the assurances in the absence of any effective monitoring mechanism. Similarly, the UK House of Lords confirmed that, where there is a widespread pattern of human rights abuses in the country of return, assurances must be carefully scrutinized to determine whether they provide reliable and sufficient protection against a substantial risk of torture. In doing so, the UK House of Lords upheld a series of decisions relying on assurances from Algeria and Jordan to justifY deportation. The individuals in question in these cases were covered under framework agreements or memoranda of understanding for removals negotiated by the UK with Algeria and Jordan. The MODs provide for independen r other monitoring

mechanisms. . """

'.

\.,-;

s.21(1).(~)

I" 'I, :r 1:IKkr ::,e P jli"()r";' "I 'l(;·/!,.;\·' :;;r,I,r,.·(,.,. /

!-''__'"IJ

"

Page(s) 000126 to\a 000127

Is(are) duplicate(s) est(sont) (des) duplicata(s)

Page(s) 000106 to\a 000125

Is(Are) exempted pursuant to section(s) est(sont) exemptee(s) en vertu de(s)(I")article(s)

15(1) -International, 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d)

of the Access to Information Act Access to Information Act

Proces 'ed un,jcl tr.;: provr<.i-roFis of tilE: AjJ .. e~;~· h ,','iT(_!IP;- ,,,:.;1 " Revise en vertu di.: f~ tr» ! 141 f':Ei.'CS:1 f'1'7!C'/{;rallfJri

Page 1

June 18,2009

INVENTORy OF ALTERNATIVES TO REMOVAL OPTIONS IN THE CRIMINAL LA WI

There is a wide range of offences that may criminalize the behaviour of those who pose a seaurity tJueat to Canada. In addition to criminal offences, it is ~so ?npo~t to consider that the crimina1law contains preventative measures. The followmg IS an Inventory pci1eatieJly relevant CriminaI Law provisions:

1. Terrorism Related Offences

Crilllinlll C(Jde

A "terrorism offence" means:

(a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,

(6) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

(c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

(d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (0), (b) or (c);

• The definitions of ' 'terrorist activity" and "terrorism offence" include a conspiracy, an attempt to commit or being an accessory after the fact in relation to, or any counselling of the terrorist activity or terrorist offence. The definition ''terrorist activity" also includes a threat to commit any such act or omission.

• Collect, provide or make available funds or property to carry out terrorist activities (s, 83.02, 83.03, 83.04)

• Participate in or contribute to any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity. (s.83.18)

• Knowingly facilitate a terrorist activity (s. 83.19) For example:

o recruiting a person to receive training

o providing a skill or expertise for the benefit of a terrorist group

I

1111 ~==! Il0l111 inventory of all possible n:levant mcasun:s Ihat pertain to the A TR issue and should also not be considerod

Justice

Page 2

June 18,2009

F~tl(.;,::_,"j(·C under I.h: p::y.I!-:lon~! 01 UK ,iC ... G·::~ I.:.~ :r;rcym;:':r.xi .4.' F\ \(1:"'_ ':11 -t-rtu oc \·3 U)I'.;ur f'JCCC:5 :' f';r,f('d«i~Ir)r;

o recruiting someone to facilitate or commit a terrorism offence in or out of Cauada

;'''''_';'. ,- ::".:'

• Commission ofan indictable offence for a terrorist group (s. 83.2)

• Instruct anyone to carry out terrorist activities (s. 83.21)

• Harbour or conceal a terrorist or a person who is likely to carry out a terrorist activity(s.83.23)

• Terrorist Hoax (83.231 (1»

2. Offences Related to Protection of National Security

Security 0/ In/ormation Act (SOIA)

• Making false statements or documents for purposes prejudicial to the security of Canada (s. 5)

• Approaching or entering a prohibited place (s, 6)

• Espionage or spying including the communication of information safeguarded by the Government of Canada or of a province to a terrorist group to enhance the capacity of the terrorist group to harm Canadian interests (s. 16)

• Communicate special operation information or information safeguarded by the Government of Canada or of a province to a terrorist group or to a foreign entity (s. 17)

• Obtains, alters, destroys a trade secret or communicates the trade secret to another for a foreign economic entity (s. 19)

• Foreign-influenced or terrorist-influenced threats of violence (s. 20)

• Harbouring or concealing someone who has committed or is likely to commit an offence under the SOIA (s, 21)

Preparatory ads (s.22)

• This section criminaIizes doing anything that is specifically directed towards or specifically done in preparation to commit an offence under ss. 16(1), 16(2), 17(1), 19(1) or 20(1).

",;',', ..

. ".

For example:

o entering Canada at the direction of or for the benefit of a terrorist group

o knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person's willingness to commit the offence

o asking someone to commit an offence

o possessing any device useful for concealing, obtaining or communicating infonnation

"":.;!J.

, .CJo.\

2

.. ~

Page 3

June 18,2009

Ivadce 3. Other Cnmill. Code Offences and Conspiracy

CrIme! of VioIeDce

• Murder (8. 235)

• Uttering threats (5. 264.1)

• Assault (8. 266)

• Assault with a weapon or causing bodily harm (s. 267)

• Aggravated assault (5. 268)

• UnlawfuUy causing bodily harm (s. 269)

• Hostage taking (s. 279.1)

Crimes .pinst Property

• Robbery to steal a firearm (s. 98.1)

• Breaking and entering to steal firearm (s. 98)

• Theft (5. 334)

• Theft, forgery, etc., of credit card (s. 342)

• Robbery(s.344)

• Breaking and entering (s. 348)

• Uttering a forged document (s. 368)

•
•
•
•
•
r
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
• Other Crimes

Offences involving nuclear material (s. 7(3.4»

Offences against an internationally protected person (ss. 7(3),424,431) Fraudulent use of certificate of citizenship (s. 58)

Carry concealed weapon (s. 90)

Possession of weapon obtained by commission of offence (s. 96) Weapons trafficking (s. 99)

Possession for purpose of weapons trafficking (s. 100) Unauthorized importing or exporting (s. 104)

Bribery (s. 119)

Fmud on government (s. 121) ()bstructingjustice(s.139)

Unlawful interception of Communications (s. 184) Possession of intercepting device (s. 191)

Possession of device to obtain telecommunication facility or service (s. 327) Unauthorized Use of a computer (s. 342.1)

Possession of device to obtain computer service (s. 342.2) Extortion (s. 346)

Possession of property obtained by crime (s. 354) Forgery or uttering a forged document (ss. 366, s. 368) Fraud (s. 380)

M'lSChief(s.430)

Making, Possession and Uttering counterfeit money (ss. 449, 450, 452) Laundering Proceeds of Crime (s. 462.31)

,,'

.,' ".

3

,

.. .

Pi~C:.~<i::·a I.:n.jf.f tt·t:· p:')"!':IOnl~ 1:11 the F-;'_:"'!':.;': 'Jr! vcnu dr' I·~ Lry [iiI' (~!,.cf:$ a m

Pago4

June 18, 2009

: ~bt:i!t, 1!1 ~ identity it1formation with ~e ~tent to ~ the information deceptively. dishonestly or fraudulently in the commission of a cnme

• Trafiicking in identity information .' .

• UoIawtWly possessing or trafficking in government-Issued Identity documents that

contain the information of another person

Parties to an Offence and Conspiracy

• An individual is a party to an offence if slhe:

• (a) - commits the offence

• (b) - does or omits to do anything for the purpose of aiding any person to commit the

offence

• (c) - abets any person in committing the offence (s. 21)

• Counselling (ss, 22,464)

• Accessory after the fact (s. 23)

• Conspiracy (s. 465)

4. Preventive Measures

In addition to criminal offences, it is also important to consider that the criminal law

contains preventive measures. These measures can restrict the activity of an-individual in .... the absence of a criminal charge.

SpeeiaJized Recognizance Order (s, 810.01)

• Where fear of intimidation of a justice system participant, terrorism or a criminal organization offence:

o A person who fears on reasonable grounds that another person will commit an offence involving intimidation of a justice system participant, a criminal organization offence, or a terrorism offence may have specialized peace bond imposed .

o Consent of the Attorney General required

o Bill C-14 would allow for the recognizance limit of 12 months to be extended to a longer period, as long as it does not exceed 2 years. In order to extend the duration of the peace bond, the judge must be satisfied that the defendant was previously convicted of an offence involving intimidation of a justice system participant, a criminal organization offence, or a terrorism offence.

o A breach of a recognizance order is an offence under s. 811 of the Criminal Code and punishable by a term of imprisonment up to two years.

BiIIe-19

4

-c unJc t~~ pr 'VI~lon~ f)1 tll~: At:r .. {-;';", k~ :u(:~'r;,iI::"n /,._;,' : rtu oc 13 LOt in f:J·.C{;s.] t;',,'C"i(rdIlOfl

PageS

June 18,2009

,"""".i

5

;' ~ I ~ "

"'." ,

:;t,.~£:.i,;;,

• BiD 8-3, which ctied on the Order Paper, sought to re-enact powers to investigate or proveat the carrying out of a terrorist activity. Bill C-19 (introduced on March 12, 20(9) aJao seeks to re-enact these measures in the Criminal Code.

• "Iteeoptamee with ConditioDl"

o Power by a judge to impose recognizance conditions on a person where there are reasonable grounds to believe that a terrorist activity will take place and where it is suspected on reasonable grounds that the imposition of the recognizance is necessary to prevent the terrorist activity from being carried out. (s. 83.3)

o Consent of the Attorney General

• "Investigative Hearing"

o This would give ajudge the power, on application by a peace officer, to compel someone with information about a terrorism offence, that has been or will be committed, to appear before him or her and to answer questions or bring things.

5. Factors to Consider

Extraterritorial Jurisdiction

• Canadian courts have jurisdiction over criminal offences when there is a real and substantial link to Canada.

• Canada has extraterritorial jurisdiction in respect of terrorism offences and terrorist activity.

• Under s. 7(3.7) there is extraterritorial jurisdiction for certain other offences such as:

o Offences in relation to the safety of maritime navigation or fixed platforms

o Offences against an internationally protected person

o Offences involving nuclear material

o Offences involving explosives or other lethal devices

o Offences relating the financing of terrorism

• In addition, certain offences apply regardless of whether the prohibited conduct occurs in Canada.

For example

o Offences in respect of Canadian passports (s. 57 of the Criminal Code)

• The SOIA provides. in certain circumstances, for the prosecution of offences committed outside Canada.

. '

V·

. . . ~

.. ;'.

":"1

Processec un·jet U'\:, PfQVIt::furll:o or the- At;c.c~~~ u: fmcrm:A,;)i1 k.; f":'(>I:ts(' en vortu .jc- 1·3 Lr)1 sur (2<'..('(.'"3 :J I'rrl!(_'ini<.llftY/

: ' ..

6

Page 6

June 18,2009

• The Criminal Code conspiracy provisions also have a broad ambit (s. 465).

Seateaclng

• A sentence. other than one of life imprisonment, imposed on a person for certain tetrorism offences (those under sections 83.02 to 83.04 and 83.18 to 83.23) must be served consecutively to any other sentence arising out of the same event or series of events and to any other sentence that the person is already subject to at the time of sentencing (s, 83.26 of the Criminal Code).

• A person convicted of an indictable offence that does not have a minimum sentence ofJife imprisonment, can be liable to imprisonment for life where the act constituting the offence also constitutes a terrorism offence (s. 83.27).

Parole

• Section 743.6(1.2) of the Criminal Code requires that the judge impose parole ineligibility equivalent to one half of the sentence or 10 years, whichever is less, in respect of'terrorism offences, unless the Court is satisfied that such a disposition is ' not required. The ordinary period of parole eligibility is after one third oftbe sentence has been served with day parole being available 6 months before such eligibility.

Judicial Interim Release - Reverse Onus

• The accused must show cause for his or her release when charged with a terrorism offence and with several Security of Information Act offences (s. 515 of the Criminal Code) .

Proc ~~ seo under tf'l~ pmVI'-'IOfl!; of 11K' "\f;;~'_"_;'; k_. {:;If m,,'/1"'1. j. Rt;" sc n vertu ,1, 13 LoJ ~,Iir (:.J,~~'0$ :J tl',(e',{/:.J!lfJ';

ANNEX 3 -Immigration end Refugee Pro!8ction Act - Division 4 INADMISSIBILITY

&!1M of int&mra1ation

a The factS that constitute inadmiSSibility under sections 34 to 37 include facts arising from omISSionS and, unless otherwise providad, include facts for which there are reasonable grounds 10 beUeve that they have occurred, are occumng or may occur.

H. (1) A pennanent resident or a foreign national is Inadmissible on security grounds for

(a) engaging In an act of espionage or an act of subversion against a democratic govemment, institution or process as they are understood in Canada;

(b) engaging in or instigating the subversion by force of any govemment; (e) engaging in terrorism;

(d) being a danger to the security of Canada;

(e) engaging in acts of violence that would or might endanger the lives or safety of persons in canada; or

(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).

Exception

(2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a pennanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.

Human or intemational riahts violations

H. (1) A permanent resident or a foreign national is inadmissible on grounds of violating

human or intematlonal rights for

(a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

(b~ being 8 prescrtbed senior official in the service of a government that, in the opinion of the MIn~r, engages ~ has engaged in terrorism, systematic or gross human rights violations, or genOCide, a war cnme or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or

(c) being a person, other than a permanent resident, whose entry into or stay in Canada Is restricted pu~~t to a decision, resolution or measure of an international organization of states or aSSOCiation of states, of which Canada is a member, that imposes sanctions on a C?Untry against which canada has imposed or has agreed to impose sanctions in concert with that organization or association.

Exception

CIt _ ...... (1)(b) and (0) do not apply In the case of a permanent resident or a foreign ............ aIIIIIIIe the Mlnlstllr that their presence In canada would not be detrimental to the

naIIonaIlntIIraIIt.

".,. SJI!!!!naI!ty

.. (1) A pennanent resident or a foreign national Is inadmissible on grounds of serious

cdn1iilllr far

(a) hailing been convicted In Canada of an offence under an Act of Parliament punishable by • maxmum term of imprisonment of at least 10 years, or of an offence under an Act of ParUament far which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside canada that, if committed in canada, would QOII8IIIufe an offence under an Act of Parliament punishable by a maximum term of Imprisonment of at least 10 years; or

(e) committing an act outside canada that Is an offence in the place where it was committed and that. If committed In canada, would constitute an offence under an Act of Parliament punIShable by a maximum term of imprisonment of at least 10 years.

CrimInality

(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in canada of an offence under an Act of Parliament punishable by way of Indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, If committed in Canada, would constitute offences under an Act of Parliament;

(0) committing an act outside Canada that is an offence in the place where it was committed and that, If committed In Canada, would constitute an indictable offence under an Act of

Parliament; or .

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Application

(3) The following provisions govern subsections (1) and (2):

<a> an .o~ that may be prosecuted either summarily or by way of indictment is deemed to be an Indictable offence, even if It has been prosecuted summarily;

(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or In respect of which there has been a final determination of an acquittal;

~~ .... ~rs referred to In paragraphs (1)(b) and (0) and (2)(b) and (c) do not constitu~ IItlNlI_blllly In respect of a permanent resident or foreign national who, after the prescn~

pertod, satisfies the Minister that they have been rehabilitated or who is a member of a ,;

~bea class that is deemed to have been rehabilitated; ,. '

(d) It, where p!WIIU1bed by the regulatIOns, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (8) to (c).

fIMDC!a! reasons

a A foreign national Is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who Is dependent on them, and have not aaII8fIed an ofIIoer that adequate arrangements for care and support. other than those that

involve aociaI assltfance, have been made.

MJsrepresentatioD

~ (1) A permanent resident or a fOreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

(b) for being or having been sponsored by a person who is determined to be inadmissible for misrapresentation;

(c) on a final determinatIOn to vacate a decision to allow the claim for refugee protectiOn by the permanent resident or the foreign national; or

(d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.

Appr!C8tion

(2) The following provisions govern subsection (1):

(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a pertod of two years following, in the case of a determination outside Canada, a final determination of Inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order Is enforced; and

(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

Non-comDliance with Act

41. A person is inadmissible for failing to comply with this Act

~a) !n the case of a foreign national, through an act or omission which contravenes, directly or Indirectly, a provision of this Act; and

(b) i~ the case of a permanent reSident, through failing to comply with subsection 27(2) or section 28.

Inadmissible family member

. ~ A foreign national, other than a protected person is Inadmissible on grounds of an

Inadmissible family member if '

{a> their acc:ompanying family member or, in prescrtbed circumstances, their nonaccompanYing family member Is inadmissible; or

Procc'Sf.iE'O 1.:lvjel th·:: p:·.l\'!~':IOnt~ f)f UIC AtJJ!'-~ to :nl,'"Y_'r t,:-.,') ,";~' I R(:I/I~~"~ en vertu de- 1;::1 L.01 [,IiI" ['U~~·t.:(:':} :1 i;;ritC,d·w_ilV)',

(b) they are an accompanying family member of an inadmissible person.

Regulations

!t The regulations may provIde for any matter relating to the application of this Division, may define, for the purposes of thiS Act, any of the terms used in this Division, and may include provIsions respecting the circumstances in which a class of permanent residents or foreign nationals Is exempted from any of the provisions of this Division.

Page(s) 000250 to\a 000269

Is(Are) exempted pursuant to section(s) est(sont) exemptee(s) en vertu de(s)(I')article(s)

15(1) -International, 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d), 69(1)(g) re: a, c, e

of the Access to Information Act Access to Information Act