Immigration and Refugee Protection Act
Encyclopedia
Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada
, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976
as the primary federal legislation regulating Immigration to Canada
.
The IRPA, for the most part, came into force on June 28, 2002. Controversially, the Government failed to implement a component of the legislation that would have implemented a Refugee Appeal Division as part of Canada's immigration system.
IRPA creates a high level framework detailing the goals and guidelines the Canadian government has set with regards to immigration into Canada by foreign residents. The Immigration and Refugee Protection Regulations (IRPR) contain the laws created to fit within the IRPA in order to specify how the IRPA is to be applied.
Portions of IRPA are administered by the Canada Border Services Agency
.
McLachlin
of the Supreme Court of Canada
held that certain aspects of the scheme contained within the IRPA for the detention of permanent residents and foreign nationals on the grounds of national security violate s. 7 of the Canadian Charter of Rights and Freedoms
by "allowing the issuance of a certificate of inadmissibility based on secret material without providing for an independent agent at the stage of judicial review
to better protect the named person’s interests." She also concluded that "some of the time limits in the provisions for continuing detention of a foreign national violate ss. 9 and 10(c) [of the Charter] because they are arbitrary." The Government of Canada responded by introducing a revised security certificate regime in the IRPA that includes the use of special advocates to review a summary of the evidence without being able to share this information with the accused. The bill to amend the IRPA was passed by Parliament with support from the Conservative and Liberal caucuses and received royal assent in 2008.
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976
Immigration Act, 1976
The Immigration Act in Canada was created in 1976 by then Prime Minister Pierre Trudeau. It focused on who should be allowed into Canada, not on who should be kept out. The Act came into force in 1978 along with new Immigration Regulations. This Act gave more power to the provinces to set their own...
as the primary federal legislation regulating Immigration to Canada
Immigration to Canada
Immigration to Canada is the process by which people migrate to Canada to reside permanently in the country. The majority of these individuals become Canadian citizens. After 1947, domestic immigration law and policy went through major changes, most notably with the Immigration Act, 1976, and the...
.
The IRPA, for the most part, came into force on June 28, 2002. Controversially, the Government failed to implement a component of the legislation that would have implemented a Refugee Appeal Division as part of Canada's immigration system.
IRPA creates a high level framework detailing the goals and guidelines the Canadian government has set with regards to immigration into Canada by foreign residents. The Immigration and Refugee Protection Regulations (IRPR) contain the laws created to fit within the IRPA in order to specify how the IRPA is to be applied.
Portions of IRPA are administered by the Canada Border Services Agency
Canada Border Services Agency
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
.
Constitutionality
In the case of Charkaoui v. Canada (Citizenship and Immigration) (2007), Chief JusticeChief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
held that certain aspects of the scheme contained within the IRPA for the detention of permanent residents and foreign nationals on the grounds of national security violate s. 7 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
by "allowing the issuance of a certificate of inadmissibility based on secret material without providing for an independent agent at the stage of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
to better protect the named person’s interests." She also concluded that "some of the time limits in the provisions for continuing detention of a foreign national violate ss. 9 and 10(c) [of the Charter] because they are arbitrary." The Government of Canada responded by introducing a revised security certificate regime in the IRPA that includes the use of special advocates to review a summary of the evidence without being able to share this information with the accused. The bill to amend the IRPA was passed by Parliament with support from the Conservative and Liberal caucuses and received royal assent in 2008.