441-02001 (Foreign affairs)

Insofar as Immigration, Refugees and Citizenship Canada (IRCC) is concerned:

5)

The Government of Canada is committed to the safety and security of the Canadian public. When foreign nationals seek entry to Canada, IRCC and CBSA work closely with their security partners to screen applicants, on a case by case basis, to determine whether they are admissible to enter and/or remain in Canada. Security screening is an important part of the overall assessment of whether a person is admissible to Canada. If an individual is determined to be inadmissible, they may be denied a visa and entry to Canada. Inadmissible individuals who are already in Canada may be removed from Canada.

Under our immigration law, an individual can be found inadmissible for security reasons, including espionage; subversion (for example, attempts to overthrow a government); terrorism; or membership in an organization for which there are reasonable grounds to believe they are engaged, have engaged or will engage in any of these activities.They are also inadmissible on grounds of violating human or international rights for committing a crime against humanity or war crime outside Canada or being a prescribed senior official in a government that does so.

Additionally, under the IRPA, foreign nationals who have committed or who are convicted of a crime outside Canada may be inadmissible to Canada. All past criminal history is considered. Immigration officers examine foreign charges, convictions, and evidence of criminal activity to determine if there is an equivalent offence in Canada for the act committed. If there is an equivalent offence, the individual would be inadmissible for having committed or being convicted for that offence.

Insofar as the Immigration and Refugee Board of Canada (IRB) is concerned:

4)

The IRB hears individual claims for refugee status from claimants within Canada. IRB members (decision-makers) must decide whether a claimant has a well-founded fear of persecution or is at risk of torture, or cruel or unusual punishment in their country of origin and is not excluded from refugee protection for having committed a war crime or crime against humanity, among other reasons.

In each case, IRB members make their decision applying the law to the evidence presented in the case. In most instances, the process is non-adversarial but at any time, the Minister may choose to intervene by submitting evidence, which the IRB member will consider in arriving at a decision, and participating in the hearing.

The Government of Canada is deeply concerned about the human rights situation in Eritrea and raises this concern directly with Eritrean officials, in its engagements with activists and representatives of the diaspora community, and in multilateral forums, including the United Nations Human Rights Council. At the Human Rights Council, Canada regularly calls upon Eritrea to improve the human rights situation in the country. At the Council’s 47th session in 2021, Canada actively negotiated the text and co-sponsored the Resolution entitled "Situation of human rights in Eritrea", which established the mandate of a UN Special Rapporteur on the situation of human rights in Eritrea. Canada consistently co-sponsors this Resolution, most recently in 2023, and the extension of the mandate of the UN Special Rapporteur.

In March 2023 during the Council’s General Debate, Canada raised the issue of restrictions on freedoms and arbitrary detention in Eritrea, and continues to monitor the cases of imprisoned journalists, political activists, and members of religious groups. Canadian officials met with the UN Special Rapporteur on the situation of human rights in Eritrea during his October 2023 visit to Canada to discuss the dire human rights situation and his mandate.

Canada has also repeatedly and publicly called for the swift withdrawal of Eritrean forces from northern Ethiopia, including through public joint statements with likeminded countries, as done on November 2, 2023, in the Joint Statement on the One Year Anniversary of the Pretoria Cessation of Hostilities Agreement. On September 22, 2022, officials of the Government of Canada spoke at the Human Rights Council and urged all parties to cease violence immediately, respect human rights and implement accountability measures, and called for the immediate withdrawal of Eritrean Defence Forces.

Canada’s former Ambassador to Sudan, who represented Canada to Eritrea, engaged with Eritrean officials in 2021, calling on them to withdraw Eritrean Defense Forces from northern Ethiopia. On September 20, 2022, a tweet issued from the Global Affairs Canada corporate account deplored the movement of Eritrean Defence Forces in northern Ethiopia and condemned the escalation of hostilities.

Sanctions are an important complement to Canada’s foreign policy tools, which include dialogue, capacity building, advocacy, multilateral engagement, and other diplomatic actions. Canada reviews all of its policy options continuously and tailors its responses to the specifics of each unique situation. Canada is judicious in its approach to imposing sanctions and is committed to their effective and coordinated use when appropriate. To that end, Canada has established a rigorous due diligence process to consider and evaluate possible cases of human rights violations, corruption or other circumstances that may warrant the use of sanctions. Canada also considers the broader political and international contexts when deciding whether sanctions or any other tools in Canada’s foreign policy toolbox may be an appropriate response.

The Government of Canada will continue to engage on the human rights situation in Eritrea. Promoting and protecting democracy, human rights, and fundamental freedoms is an integral part of Canada’s foreign policy. Canada is committed to standing up for human rights and striving for a world where the rights and freedoms of all people are respected.

There is no greater responsibility for the Government of Canada than to ensure its citizens and communities remain safe. Any report of harassment and intimidation of individuals in Canada is troubling and unacceptable. Where there is credible evidence of foreign interference, including transnational repression, Canada’s security and intelligence agencies use the full extent of their mandates to respond to these threats.

This includes foreign influence activities within or relating to Canada that involve a threat to any person. The Government may take measures to reduce threats to the security of Canada in accordance with well-defined legal requirements and Ministerial direction.

Complaints are received and assessed by the police of jurisdiction, and may be subject to further investigation. Applicable actions under Canadian legislation are taken as deemed appropriate.

The Immigration and Refugee Protection Act (IRPA) provides the Canada Border Services Agency of Canada (CBSA) with the authority to undertake immigration enforcement actions against foreign nationals or permanent residents in Canada (including removal and detention where the necessary grounds exist).

Among the security reasons for which foreign nationals or permanent residents may be inadmissible under section 34 (1) of the IRPA are, based on reasonable grounds to believe, that they have engaged in espionage; in subversion by force of any government, or in an act of subversion against a democratic government, institution or process as they are understood in Canada; or have engaged in terrorism. They may also be found inadmissible for being a member of an organization engaged in any of these activities.

Any individual allegation of inadmissibility will be based on the evidence that is before the immigration official;  allegations of foreign interference, if supported by facts, can fall within the definition of espionage or subversion.

Should investigations by the CBSA or other agencies (Canadian Security Intelligence Service (CSIS), Royal Canadian Mounted Police (RCMP), local law enforcement, etc.) into a permanent resident or foreign national occur, such information would be used to support appropriate IRPA enforcement actions by CBSA officials. Allegations related to these types of inadmissibility ground must be referred to the Immigration and Refugee Board (IRB) for an admissibility hearing to determine if the person is inadmissible. If the IRB issues a removal order, enforcement action is then taken. 

With respect to overseas cases, the CBSA Centre for Immigration National Security Screening provides support to immigration officials assessing inadmissibility by providing analysis and support relating to assessments of inadmissibility due to terrorism, espionage, subversion, war crimes, crimes against humanity, and organized criminality. Where a visa applicant has been determined to be inadmissible, their visa may be refused by an immigration official.

The IRPA provides no legislative authority relating to the denial of event permits.