Security Certificate - Issuing and Reviewing A Certificate

Issuing and Reviewing A Certificate

Certificates are governed by the Immigration and Refugee Protection Act. The certificate is prepared by the Canadian Security Intelligence Service (CSIS) and signed by the Solicitor General of Canada, currently the Minister of Public Safety, and the Minister of Citizenship and Immigration when a non-citizen, either a permanent resident, refugee or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is suspected to be a threat to national security, or has violated human rights abroad, or is involved with organized crime. The signed certificate is then referred to a Federal Court judge who reviews the evidence prepared by CSIS. Hearsay is admissible as evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge deems that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence or precise allegations to be revealed to the subject being detained or to his or her lawyer, though the judge may provide a summary of the evidence provided. Key terms, such as "national security", are not defined in the Act.

If the judge determines that the certificate is not "reasonable" (the order of proof used in security certificate cases), the certificate is quashed. If the judge decides that it is "reasonable", then the certificate becomes a removal order. The Immigration and Refugee Protection Act states that the Federal Court's decision can be appealed "only if the judge certifies that a serious question of general importance is involved and states the question".