Inadmissibility for Violating Human Rights

Section 35 of the Immigration and Refugee Protection Act (the “IRPA“) provides that:

Human or international rights violations

35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international 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 a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime 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 pursuant 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 country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.

In order for Immigration, Refugees and Citizenship Canada (“IRCC“) to establish that someone is inadmissible to Canada for human or international rights violations, the standard of proof required is more than a flimsy suspicion, but less than the civil test of balance of probabilities. It is much lower threshold than the criminal standard of “beyond a reasonable doubt”.

Pursuant to the Federal Court decision in Andeel v. Canada (Minister of Citizenship and Immigration), it is also necessary for officers to explicitly state why an action constitutes a crime against humanity according to international law, conventional international law or by virtue of its being criminal according to the general principles of law recognised by the international community.


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