Security (Background) Clearance

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Whenever possible, any applicant for immigration to Canada over the age of 18 years must provide proof of no criminal record in any country in which he/she has resided within the previous 10 years (sometimes longer). In most cases, applicants have little difficulty obtaining such "police certificates" from most countries. This is generally done through a law enforcement office of such a country, and sometimes through other government departments. In cases of extenuating circumstances, however, it may be possible for a Visa Office to waive this requirement. Police clearance documents (certificates of no criminal record) are typically considered valid for six months, although this can be subject to the policies of different posts, and discretion in cases of extenuating circumstance.

In all cases of immigration, a background clearance is conducted to ensure that applicants who "are, or have been, involved in espionage, subversion, or terrorism" are detected. The following is an excerpt of the Canadian Immigration Selection and Control Manual, which discusses this often misunderstood aspect of the immigration process.

1.14 SECURITY SCREENING OF IMMIGRANTS

NOTE: Elements of the security careening process have been exempted from public access in accordance with the terms of sections 15 and 16 of the Access to Information Act. Visa officers abroad and Immigration officers h Canada should read these guidelines in conjunction with tine restricted chapter IC 1.

1) Purpose

To maintain and protect the safety and good order of Canadian society by preventing the admission of persons who threaten the internal security of Canada or endanger the lives or safety of persons in Canada; to promote international order and justice by denying the use of Canadian territory to persons who are likely to engage in subversive or criminal activity.

2) Applicability of the Act

a) A19 applies to persons who are seeking to come into Canada end who are inadmissible by virtue of membership in one or more of the classes of persons described in that section. A 27 relates to persons who have been admitted to Canada and who are reportable for having contravened the Act in a manner which calls for their removal. For the purposes of this chapter, the most relevant paragraphs are:

A19(1)(e): This covers all subversion, past, present and future, in or outside Canada against democratic institutions or processes as they are understood in Canada. this subsection does not apply to persons who may attempt to subvert non-democratic regimes. Mere membership in, or association wan, an organization which promotes subversion is not grounds for inclusion in the category, although such membership or association may constitute evidence that a person comes within this inadmissible class. (Persons who have been involved in subversion or espionage may be amended, provided they can satisfy the Minister that they are not a threat to Canada).

A19(1)(f): This refers to persons who are likely to engage in or instigate subversion by force of any government, while in Canada. Such activities, H conducted in Canada, could endanger the Canadian public and our relations with other countries. Activities aimed at the arousal or organization of public sentiment to pressure undemocratic governments to change their policies would not place an individual in this inadmissible class.

A19(1)(9): Refers to persons likely to engage in acts of violence that would or might endanger the lives or safety of persons in Canada, and members and associates of organizations likely to engage in such acts. (Again, it should be remembered that membership in an organization is not grounds in itself for refusal of a visa).

A 27(1 )(a): Refers to permanent residents who, it they were immigrants, would be inadmissible because they are described in A19(1)(c), (d), (e) or (9), or in A19(2)(a).

A27(1)(c): Refers to permanent residents engaged In or instigating subversion by force of any government while in Canada.

A 27(2)(c): Refers to persons in Canada other than Canadian citizens or permanent residents who are engaged In, or instigate, subversion by force of any government.

b) Criminal Inadmissibility

A 19(1 )(c) and (d) and 1 9(2)(a) and (b) refer to persons who have been convicted of, or concerning whom there are reasonable grounds to believe they will commit In Canada, criminal offenses of varying degrees of seriousness. Membership in one of these classes may serve to make an individual inadmissible 10 Canada. These subsections contain provisions which enable an individual to demonstrate that he has been rehabilitated aver the passage of a prescribed period of time since the conviction was registered.

The above is a brief explanation of the subsections of the Immigration Act with which this chapter is primarily concerned. For a more complete understanding, it will be necessary to refer to the legislation itself.

3) Definition of Security Screening

The term "security screenings" refers to the procedures used to identify persons seeking admission to Canada who are, or have been, involved in espionage, subversion, or terrorism. it should be noted that, although the term refers to tine scrutinization of an applicant's political orientation, beliefs and activities, as part of the normal immigrant selection process, criminal records checks are also conducted wherever possible. In every day use, the term "security screening" has sometimes been expanded to include the measures to identify those who have been convicted of criminal offenses. It should be noted, however, that a security screening clearance does not mean that the individual does not have a criminal record.

4) Importance of Security Screening

The security of Canada is a matter of vital concern. The guidelines which follow are for the information of visa and examining officers who are responsible for ensuring that persons who are likely to constitute a threat to Canada are denied entry. Every officer should be aware of the significance of these procedures and of the necessity for strict compliance.

Security screening decisions are based on information from every available source. All available Information must be carefully weighed against established criteria to determine whether the presence of an individual in Canada is considered to be inimical to the functioning of a democratic society and Government as these are understood in Canada. Where there is doubt concerning the security threat posed by an applicant, the interests of Canada should normally be paramount.

i) The responsibility for responding to queries concerning delays in immigration processing rests with the CEIC. On no occasion should members of the public be told to direct their inquiries to the Department of External Affairs, CSIS, or any other government department.

ii) While Commission officials may refer to the "background inquiries" carried out by the Commission, it is considered a breach of security to discuss specific details of the security screening process.

It will be noted from the above discussion that there is a clear distinction between the police clearance, which is undertaken by the applicant, and the background clearance, in which the applicant does not have an active involvement. Unfortunately, a common price for this additional measure of security, is that applications can be delayed by the requirement for the background clearance, while the applicant had already completed police clearances. This is a price, however, which all applicants will appreciate once they are established Canadians.