GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 70
Decision binding 70 (1) An officer, in examining a permanent resident or a foreign national, is bound by the decision of the Immigration Appeal Division to allow an appeal in respect of the permanent resident or foreign national. Examination suspended (2) If the Minister makes an application for leave to commence an application for judicial review of a decision of the Immigration Appeal Division with respect to a permanent resident or a foreign national, an examination of the permanent resident or the foreign national under this Act is suspended until the final determination of the application. 2001, c. 27, s. 70; 2015, c. 3, s. 111(E)
Immigration and Refugee Protection Act — I-2.5 71
Reopening appeal 71 The Immigration Appeal Division, on application by a foreign national who has not left Canada under a removal order, may reopen an appeal if it is satisfied that it failed to observe a principle of natural justice.
Immigration and Refugee Protection Act — I-2.5 72
Application for judicial review 72 (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is, subject to section 86.1, commenced by making an application for leave to the Court. Application (2) The following provisions govern an application under subsection (1): (a) the application may not be made until any right of appeal that may be provided by this Act is exhausted; (b) subject to paragraph 169(f), notice of the application shall be served on the other party and the application shall be filed in the Registry of the Federal Court (“the Court”) within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter; (c) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice; (d) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and (e) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory judgment. 2001, c. 27, s. 72; 2002, c. 8, s. 194; 2015, c. 20, s. 52
Immigration and Refugee Protection Act — I-2.5 73
Right of Minister 73 The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the proceedings before the Refugee Protection Division or Refugee Appeal Division.
Immigration and Refugee Protection Act — I-2.5 74
Judicial review 74 Judicial review is subject to the following provisions: (a) the judge who grants leave shall fix the day and place for the hearing of the application; (b) the hearing shall be no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day; (c) the judge shall dispose of the application without delay and in a summary way; and (d) subject to section 87.01, an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question. 2001, c. 27, s. 74; 2015, c. 20, s. 53
Immigration and Refugee Protection Act — I-2.5 75
Rules 75 (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply. Inconsistencies (2) In the event of an inconsistency between this Division and any provision of the Federal Courts Act , this Division prevails to the extent of the inconsistency. 2001, c. 27, s. 75; 2002, c. 8, s. 194
Immigration and Refugee Protection Act — I-2.5 76
Definitions 76 The following definitions apply in this Division. information means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization. ( renseignements ) judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. ( juge ) 2001, c. 27, s. 76; 2002, c. 8, s. 194; 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5
information means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization. ( renseignements )
Immigration and Refugee Protection Act — I-2.5
judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. ( juge )
Immigration and Refugee Protection Act — I-2.5 77
Referral of certificate 77 (1) The Minister and the Minister of Citizenship and Immigration shall sign a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, and shall refer the certificate to the Federal Court. Filing of evidence and summary (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed. Effect of referral (3) Once the certificate is referred, no proceeding under this Act respecting the person who is named in the certificate — other than proceedings relating to sections 79.1, 82 to 82.31, 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable. 2001, c. 27, s. 77; 2002, c. 8, s. 194; 2005, c. 10, s. 34; 2008, c. 3, s. 4; 2015, c. 3, s. 112(F), c. 20, s. 54 2024, c. 16, s. 101
Immigration and Refugee Protection Act — I-2.5 77.1
Conditions — inadmissibility on grounds of security 77.1 (1) If a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security is referred to the Federal Court and no warrant for the person’s arrest and detention is issued under section 81, the Minister of Public Safety and Emergency Preparedness shall impose the prescribed conditions on the person who is named in the certificate. Duration of conditions (2) The prescribed conditions imposed under subsection (1) cease to apply only when (a) the person is detained; (b) the certificate stating that the person is inadmissible on grounds of security is withdrawn; (c) a final determination is made that the certificate is not reasonable; (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or (e) a removal order is enforced against the person in accordance with the regulations. 2013, c. 16, s. 25
Immigration and Refugee Protection Act — I-2.5 78
Determination 78 The judge shall determine whether the certificate is reasonable and shall quash the certificate if he or she determines that it is not. 2001, c. 27, s. 78; 2005, c. 10, s. 34(E); 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 79
Appeal 79 An appeal from the determination may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding. 2001, c. 27, s. 79; 2002, c. 8, s. 194; 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 79.1
Appeal by Minister 79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. Effects of appeal (2) The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined. 2015, c. 20, s. 55 2024, c. 16, s. 102
Immigration and Refugee Protection Act — I-2.5 80
Effect of certificate 80 A certificate that is determined to be reasonable is conclusive proof that the person named in it is inadmissible and is a removal order that is in force without it being necessary to hold or continue an examination or admissibility hearing. 2001, c. 27, s. 80; 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 81
Ministers’ warrant 81 The Minister and the Minister of Citizenship and Immigration may issue a warrant for the arrest and detention of a person who is named in a certificate if they have reasonable grounds to believe that the person is a danger to national security or to the safety of any person or is unlikely to appear at a proceeding or for removal. 2001, c. 27, s. 81; 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 82
Initial review of detention 82 (1) A judge shall commence a review of the reasons for the person’s continued detention within 48 hours after the detention begins. Further reviews of detention — before determining reasonableness (2) Until it is determined whether a certificate is reasonable, a judge shall commence another review of the reasons for the person’s continued detention at least once in the six-month period following the conclusion of each preceding review. Further reviews of detention — after determining reasonableness (3) A person who continues to be detained after a certificate is determined to be reasonable may apply to the Federal Court for another review of the reasons for their continued detention if a period of six months has expired since the conclusion of the preceding review. Reviews of conditions (4) A person who is released from detention under conditions may apply to the Federal Court for another review of the reasons for continuing the conditions if a period of six months has expired since the conclusion of the preceding review. Order (5) On review, the judge (a) shall order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions; or (b) in any other case, shall order or confirm the person’s release from detention and set any conditions that the judge considers appropriate. Conditions — inadmissibility on grounds of security (6) If the judge orders the release, under paragraph (5)(b), of a person who is named in a certificate stating that they are inadmissible on grounds of security, the judge shall also impose the prescribed conditions on the person. No review of conditions (7) The prescribed conditions imposed under subsection (6) are not subject to review under subsection (4). Variation of conditions (8) If a person is subject to the prescribed conditions imposed under subsection (6), any variation of conditions under subsection 82.1(1) or paragraph 82.2(3)(c) is not to result in the person being subject to conditions that do not include those prescribed conditions. Duration of conditions (9) The prescribed conditions imposed under subsection (6) cease to apply only when one of the events described in paragraphs 77.1(2)(a) to (e) occurs. 2001, c. 27, s. 82; 2005, c. 10, s. 34; 2008, c. 3, s. 4; 2013, c. 16, s. 26
Immigration and Refugee Protection Act — I-2.5 82.1
Variation of orders 82.1 (1) A judge may vary an order made under subsection 82(5) on application of the Minister or of the person who is subject to the order if the judge is satisfied that the variation is desirable because of a material change in the circumstances that led to the order. Calculation of period for next review (2) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (1) is made. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 82.2
Arrest and detention — breach of conditions 82.2 (1) A peace officer may arrest and detain a person released under section 82 or 82.1 if the officer has reasonable grounds to believe that the person has contravened or is about to contravene any condition applicable to their release. Appearance before judge (2) The peace officer shall bring the person before a judge within 48 hours after the detention begins. Order (3) If the judge finds that the person has contravened or was about to contravene any condition applicable to their release, the judge shall (a) order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions; (b) confirm the release order; or (c) vary the conditions applicable to their release. Calculation of period for next review (4) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (3) is made. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 82.3
Appeal 82.3 An appeal from a decision made under any of sections 82 to 82.2 may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 82.31
Appeal by Minister 82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. Effects of appeal (2) The appeal suspends the execution of the decision until the appeal has been finally determined. 2015, c. 20, s. 56 2024, c. 16, s. 103
Immigration and Refugee Protection Act — I-2.5 82.4
Minister’s order to release 82.4 The Minister may, at any time, order that a person who is detained under any of sections 82 to 82.2 be released from detention to permit their departure from Canada. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 83
 or cruel, inhuman or degrading treatment or punishment within the meaning of the Convention Against Torture. Appointment of special advocate (1.2) If the permanent resident or foreign national requests that a particular person be appointed under paragraph (1)(b), the judge shall appoint that person unless the judge is satisfied that (a) the appointment would result in the proceeding being unreasonably delayed; (b) the appointment would place the person in a conflict of interest; or (c) the person has knowledge of information or other evidence whose disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence. For greater certainty (2) For greater certainty, the judge’s power to appoint a person to act as a special advocate in a proceeding includes the power to terminate the appointment and to appoint another person. 2001, c. 27, s. 83; 2008, c. 3, s. 4; 2015, c. 20, s. 57 2024, c. 16, s. 104
Immigration and Refugee Protection Act — I-2.5 84
Protection of information on appeal 84 Section 83 — other than the obligation to provide a summary — and sections 85.1 to 85.5 apply in respect of an appeal under section 79, 79.1, 82.3 or 82.31 and in respect of any further appeal, with any necessary modifications. 2001, c. 27, s. 84; 2008, c. 3, s. 4; 2015, c. 20, s. 58
Immigration and Refugee Protection Act — I-2.5 85
List of persons who may act as special advocates 85 (1) The Minister of Justice shall establish a list of persons who may act as special advocates and shall publish the list in a manner that the Minister of Justice considers appropriate to facilitate public access to it. Statutory Instruments Act (2) The Statutory Instruments Act does not apply to the list. Administrative support and resources (3) The Minister of Justice shall ensure that special advocates are provided with adequate administrative support and resources. 2001, c. 27, s. 85; 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 85.1
Special advocate’s role 85.1 (1) A special advocate’s role is to protect the interests of the permanent resident or foreign national in a proceeding under any of sections 78 and 82 to 82.2 when information or other evidence is heard in the absence of the public and of the permanent resident or foreign national and their counsel. Responsibilities (2) A special advocate may challenge (a) the Minister’s claim that the disclosure of information or other evidence would be injurious to international relations, national defence or national security or endanger the safety of any person; and (b) the relevance, reliability and sufficiency of information or other evidence that is provided by the Minister and is not disclosed to the permanent resident or foreign national and their counsel, and the weight to be given to it. For greater certainty (3) For greater certainty, the special advocate is not a party to the proceeding and the relationship between the special advocate and the permanent resident or foreign national is not that of solicitor and client. Protection of communications with special advocate (4) However, a communication between the permanent resident or foreign national or their counsel and the special advocate that would be subject to solicitor-client privilege if the relationship were one of solicitor and client is deemed to be subject to solicitor-client privilege. For greater certainty, in respect of that communication, the special advocate is not a compellable witness in any proceeding. 2008, c. 3, s. 4 2024, c. 16, s. 105
Immigration and Refugee Protection Act — I-2.5 85.2
Powers 85.2 A special advocate may (a) make oral and written submissions with respect to the information and other evidence that is provided by the Minister and is not disclosed to the permanent resident or foreign national and their counsel; (b) participate in, and cross-examine witnesses who testify during, any part of the proceeding that is held in the absence of the public and of the permanent resident or foreign national and their counsel; and (c) exercise, with the judge’s authorization, any other powers that are necessary to protect the interests of the permanent resident or foreign national. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 85.3
Immunity 85.3 A special advocate is not personally liable for anything they do or omit to do in good faith under this Division. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 85.4
Obligation to provide information 85.4 (1) Subject to paragraph 83(1)(c.1), the Minister shall, within a period set by the judge, (a) provide the special advocate with a copy of the information and other evidence that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, on which the certificate or warrant is based and that has been filed with the Federal Court, but that is not disclosed to the permanent resident or foreign national and their counsel; and (b) provide the special advocate with a copy of any other information that is in the Minister’s possession and that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, but on which the certificate or warrant is not based and that has not been filed with the Federal Court. Restrictions on communications — special advocate (2) After that information or other evidence is received by the special advocate, the special advocate may, during the remainder of the proceeding, communicate with another person about the proceeding only with the judge’s authorization and subject to any conditions that the judge considers appropriate. Restrictions on communications — other persons (3) If the special advocate is authorized to communicate with a person, the judge may prohibit that person from communicating with anyone else about the proceeding during the remainder of the proceeding or may impose conditions with respect to such a communication during that period. 2008, c. 3, s. 4; 2015, c. 20, s. 59
Immigration and Refugee Protection Act — I-2.5 85.5
Disclosure and communication prohibited 85.5 With the exception of communications authorized by a judge, no person shall (a) disclose information or other evidence that is disclosed to them under section 85.4 and that is treated as confidential by the judge presiding at the proceeding; or (b) communicate with another person about the content of any part of a proceeding under any of sections 78 and 82 to 82.2 that is heard in the absence of the public and of the permanent resident or foreign national and their counsel. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 85.6
Rules 85.6 (1) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the participation of special advocates in proceedings before the court over which they preside. The rules are binding despite any rule of practice that would otherwise apply. Composition of committees (2) Any committee established shall be composed of the Chief Justice of the Federal Court of Appeal or the Chief Justice of the Federal Court, as the case may be, the Attorney General of Canada or one or more representatives of the Attorney General of Canada, and one or more members of the bar of any province who have experience in a field of law relevant to those types of proceedings. The Chief Justices may also designate additional members of their respective committees. Chief Justices shall preside (3) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court — or a member designated by them — shall preside over their respective committees. 2008, c. 3, s. 4
Immigration and Refugee Protection Act — I-2.5 86
Application for non-disclosure 86 The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, apply for the non-disclosure of information or other evidence. Sections 83 and 85.1 to 85.5 apply to the proceeding with any necessary modifications, including that a reference to “judge” be read as a reference to the applicable Division of the Board. 2001, c. 27, s. 86; 2008, c. 3, s. 4