Parliamentary Committee Notes: Removals – Cases with Criminality

PROC
Date: January 26, 2023
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: IEB/CBSA

Propose speaking points:

• The CBSA places the highest priority on removal cases involving national security, organized crime, crimes against humanity and criminals.
• If a foreign national or a permanent resident commits a crime in Canada, they must complete their sentence through Canada's judicial system before a removal can take place.
• Serious criminality may mean a person who was initially considered admissible becomes inadmissible and is expected to leave Canada – or be removed by the CBSA.
• All foreign nationals have legal avenues of appeal and/or due process with respect to determining inadmissibility. Once these avenues have been exhausted, they are expected to respect our laws and leave Canada, or be removed by the CBSA.
• Furthermore, individuals that pose a danger to the public or are considered a flight risk may be escorted to their final destination.
• It's important to note that the CBSA has the authority to detain foreign nationals who are inadmissible under IRPA if they pose a danger to the public, are deemed unlikely to appear for immigration proceedings, or cannot prove their identity.
• The primary objective of detention is to protect the health and safety of Canadians and the immigration process. However, alternatives to detention are always considered first, and detention is a measure of last resort.

Background:

One of the Canada Border Services Agency's (CBSA) key mandated objectives is to protect the health and safety of Canadians and to maintain the security of Canadian society. These objectives are found in both the CBSA Act and the Immigration and Refugee Protection Act.

The CBSA places the highest priority on cases involving national security, organized crime, crimes against humanity and criminals. Individuals believed to be inadmissible to Canada for safety and security reasons will have an inadmissibility report written against them. Depending on the particular inadmissibility, a decision as to whether or not to issue a removal order will be made by a reviewing officer acting under the delegated authority of the Minister, or by the Immigration and Refugee Board (IRB). If there is sufficient evidence to support the inadmissibility allegation, a deportation order will be issued against the person concerned.

Not all inadmissibility reports result in a removal order. If the reviewing officer or the IRB determines that the evidence presented is not sufficient to support the allegation, a deportation order will not be issued. To ensure consistency in reporting on safety and security cases, the Agency reports on cases that have completed the entire process and are found inadmissible on safety and security grounds. It is important to note that the Agency closely monitors the progress of any cases flagged as having evidence on file that could potentially lead to a serious inadmissibility. If a removal order is issued, the agency will monitor the progress until all legal avenues of appeal and due process are exhausted, and commence removal preparations as quickly as possible. If a Foreign National is considered a danger to the public, they may be detained in immigration detention during the removal process.

Individuals subject to a deportation order for a serious inadmissibility may be eligible to a pre-removal risk assessment (PRRA) prior to removal. For those who are serving a term of imprisonment, the CBSA will initiate PRRA while the individual is serving their term of imprisonment to ensure that all due processes are completed before the term is completed. The removal may occur unescorted or under escort if it is required by the airline, the transit country or if the person poses a danger to the public or is a significant flight risk. Once removed, the deportation order bans the individual from Canada for life; unless they receive written permission to return to Canada.

Serious inadmissibility cases represent 6% of the overall removal working inventory (all nationalities) with 1,203 cases out of 19,044. Of these, 445 cases have no impediments and are being processed for removal.

The figures represented in the above document are accurate as of January 24, 2023

Serious inadmissibility cases represent 2.5% of the Chinese working inventory with 47 cases out of 1,862. Of these, 11 cases have no impediments and are being processed for removal.

Contacts:

Approved by: Aaron McCrorie, Vice-President, Intelligence and Enforcement Branch

Date modified:

2023-09-26