Madam Speaker, I rise today in response to the request put to this House by my colleague, the member for Vaudreuil—Soulanges, as to whether the government intends to review the legislation governing the security certificate process.
To begin, allow me to clarify a few misconceptions regarding security certificates.
First, the security certificate process is pursuant to provisions in the Immigration and Refugee Protection Act, and not the Anti-Terrorism Act. The use of security certificates predates the September 11 attacks. In fact, security certificates have existed in one form or another for over 20 years.
Second, the security certificate provides a means to ensure that Canada's immigration laws are not misused by the very few who would seek to undermine the security of Canadians and the multicultural society we have built together. Given the serious consequences of issuing such a certificate, it is only used on a limited basis in very serious cases for individuals who present the highest level of risk.
Third, the certificate process allows for the removal of permanent residents or foreign nationals who are inadmissible to Canada on grounds of security, violating human or international rights, serious criminality or organized criminality. A Canadian citizen cannot be the subject of a certificate.
Over the years, there have been several constitutional challenges to the security certificate process, yet Canadian courts have repeatedly upheld it. The Supreme Court of Canada, in fact, has validated the security certificate process, ruling that the process does not breach the principles of fundamental justice and that the process strikes an appropriate balance between the individual's right to procedural fairness and the interests of the state in national security.
While the courts have repeatedly upheld the security certificate process as constitutional, the government acknowledges the decision of the Subcommittee on Public Safety and National Security of the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness to undertake a review of the security certificate provisions. As such, we welcome its review and await its recommendations.