|
In Canadian law, a security certificate is a mechanism by which the Government of Canada can detain and deport foreign nationals and all other non-citizens living in Canada. The federal government may issue a certificate naming a permanent resident or any other non-citizen suspected of violating human rights, of having membership within organized crime, or is perceived to be a threat to national security.〔Immigration and Refugee, s. 77〕 Subjects of a certificate are inadmissible to Canada and are subject to a removal order.〔Immigration and Refugee, s. 81〕 Where the government has reasonable grounds to believe that the individual named in the certificate is a danger to national security, to the safety of any person or is unlikely to participate in any court proceedings, the individual can be detained.〔Immigration and Refugee s. 82〕 The entire process is subject to a limited form of review by the Federal Court. According to the Ministry of Public Safety and Emergency Preparedness, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years."〔Ministry of Public Safety and Emergency Preparedness - Keeping Canadians Safe, http://www.psepc.gc.ca/prg/ns/seccert-en.asp〕 Its use has been documented at least as far back as 1979,〔Security Certificates, Jason Gratl, BC Civil Liberties Association,Jan. 2005〕 the year after they were implemented.〔Toronto Star, (Did spy's affair taint case against terror suspect? ), March 7, 2009〕 It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976). It was amended and took on its present structure in 1991, with an additional amendment in 2002. The security certificate process (sections 33 and 77 to 85 of IRPA) was found to be in violation of sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms and ruled unconstitutional by the Supreme Court of Canada in the landmark Charkaoui case on 23 February 2007. The Supreme Court suspended the effect of its ruling for one year. On 22 October 2007, the Conservative government introduced a bill to amend the security certificate process by introducing a "special advocate", lawyers who would be able to view the evidence against the accused. However, these lawyers would be selected by the Justice minister, would only have access to a "summary" of the evidence, and would not be allowed to share this information with the accused, for example in order to ask for clarifications or corrections.〔Ottawa tackles terror laws, Toronto Star, 23 October 2007, http://www.thestar.com/article/269427〕 The amendments are modelled on a much-criticized process already in use in the United Kingdom. The bill amending Canada's security certificate regime, with support from the Conservatives and the opposition Liberal Party, was passed by Parliament and received Royal Assent in February 2008, just days before the court-imposed deadline. ==Issuing and reviewing a certificate== Certificates are governed by the ''Immigration and Refugee Protection Act''. The certificate is prepared by the Canadian Security Intelligence Service (CSIS) and signed by the Solicitor General of Canada (ministerial post superseded by the Minister of Public Safety) or the Minister of Citizenship and Immigration when a non-citizen, either a permanent resident, refugee or foreign national located in Canada, is deemed to be inadmissible on the grounds that the subject is suspected to be a threat to national security, or has violated human rights abroad, or is involved with organized crime. The signed certificate is then referred to a Federal Court judge who reviews the evidence prepared by CSIS. Hearsay is admissible as evidence. All or part of the evidence may be heard in secret, in the absence of the subject of the certificate, if the judge deems that airing it publicly may hurt national security or put the safety of any individual at risk. There is no provision for such evidence or precise allegations to be revealed to the subject being detained or to his or her lawyer, though the judge may provide a summary of the evidence provided. Key terms, such as "national security", are not defined in the Act. If the judge determines that the certificate is not "reasonable" (the order of proof used in security certificate cases), the certificate is quashed. If the judge decides that it is "reasonable", then the certificate becomes a removal order. The Immigration and Refugee Protection Act states that the Federal Court's decision can be appealed "only if the judge certifies that a serious question of general importance is involved and states the question".〔http://laws.justice.gc.ca/en/showdoc/cs/I-2.5/bo-ga:l_2::bo-ga:l_3?page=3〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「security certificate」の詳細全文を読む スポンサード リンク
|