A discussion of s. 34(1)(f) of Canada’s Immigration and Refugee Protection Act, which provides that a foreign national or permanent resident is inadmissible for being the member of an organization that has committed terrorism. Topics include how terrorism, organization and membership are defined, the Proud Boys, QAnon and the Bangladesh Nationalist Party. 5:45 What is terrorism under Canadian immigration legislation? 9:45 What is an organization? 15:30 What does it mean to be a “member?” 19:00 The Bangladesh Nationalist Party 29:00 Would Nelson Mandela be encompassed? 30:45 Should only organizations that are officially designated by the government render someone inadmissible? 39:39 The Ministerial relief process. 47:35 Jose Figuerora 53:45 Could someone being a QAnon adherent make them inadmissible to Canada? 1:00 Does the designation of the Proud Boys broaden what could result in inadmissibility due to terrorism? 1:03 Could the leader of a party calling for an insurrection lead to all members of that organization being inadmissible for being a member of an organization which has committed terrorism? 1:05 What about antifa? The Republican Party? 1:13 Would it be misrepresentation to not declare one’s being a QAnon adherent in the IMM5669?
A34 – Inadmissibility for Security Reasons
Section 34 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for security reasons. It states: Security 34. (1) A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; (b) engaging in or instigating the subversion by force of any government; (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada; (c) 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), (b.1) or (c). (2) [Repealed, 2013, c. 16, s. 13] Immigration, Refugees and Citizenship Canada has produced a useful internal document summarizing the jurisprudence (up to about 2010) on the interpretation of this section, and I have reproduced it below. More recent jurisprudence can be found throughout my blog, but … Read More
Federal Court Rules on Galloway Inadmissibility
The Federal Court has released its decision on the legality of the “decision” to prohibit former British MP George Galloway from entering Canada for having committed terrorism or been a member of a terrorist organization.