Immigration and Refugee Protection Act

The Immigration and Refugee Protection Act, [1] (IRPA) (the Act) is an Act of the Parliament of Canada, passed in 2001, which replaced the Immigration Act, 1976 as the primary federal legislation regulating immigration to Canada.[2]

The Act 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.

The Act 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) specify how IRPA's provisions are to be applied.

Portions of theAct are administered by the Canada Border Services Agency.

Constitutionality

In the case of Charkaoui v. Canada (Citizenship and Immigration) (2007), Chief Justice McLachlin of the Supreme Court of Canada held that certain aspects of the scheme contained within the Act 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 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 Act 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 Act was passed by Parliament with support from the Conservative and Liberal caucuses and received royal assent in 2008.

See also

References

  1. ↑ S.C. 2001, c. 27
  2. ↑ "Bill C-11 : Immigration and Refugee Protection Act". Government of Canada. 2002. Retrieved 2009-12-12.
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