Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2013-05-26 and last amended on 2013-04-29. Previous Versions

Certificate

Marginal note:Referral of certificate

  • 77. (1) The Minister and the Minister of Citizenship and Immigration shall sign a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, and shall refer the certificate to the Federal Court.

  • Marginal note:Filing of evidence and summary

    (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence on which the certificate is based, and a summary of information and other evidence that enables the person who is named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to national security or endanger the safety of any person if disclosed.

  • Marginal note:Effect of referral

    (3) Once the certificate is referred, no proceeding under this Act respecting the person who is named in the certificate — other than proceedings relating to sections 82 to 82.3, 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable.

  • 2001, c. 27, s. 77;
  • 2002, c. 8, s. 194;
  • 2005, c. 10, s. 34;
  • 2008, c. 3, s. 4.
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Marginal note:Determination

78. The judge shall determine whether the certificate is reasonable and shall quash the certificate if he or she determines that it is not.

  • 2001, c. 27, s. 78;
  • 2005, c. 10, s. 34(E);
  • 2008, c. 3, s. 4.
Previous Version
Marginal note:Appeal

79. An appeal from the determination may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.

  • 2001, c. 27, s. 79;
  • 2002, c. 8, s. 194;
  • 2008, c. 3, s. 4.
Previous Version
Marginal note:Effect of certificate

80. A certificate that is determined to be reasonable is conclusive proof that the person named in it is inadmissible and is a removal order that is in force without it being necessary to hold or continue an examination or admissibility hearing.

  • 2001, c. 27, s. 80;
  • 2008, c. 3, s. 4.
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Detention and Release

Marginal note:Ministers’ warrant

81. The Minister and the Minister of Citizenship and Immigration may issue a warrant for the arrest and detention of a person who is named in a certificate if they have reasonable grounds to believe that the person is a danger to national security or to the safety of any person or is unlikely to appear at a proceeding or for removal.

  • 2001, c. 27, s. 81;
  • 2008, c. 3, s. 4.
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