Immigration and Refugee Protection Act

Version of section 77 from 2015-02-26 to 2015-06-30:

Marginal note:Referral of certificate
  •  (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.

  • Marginal note:Filing of evidence and summary

    (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence on which the certificate is based, and a summary of information and other evidence that enables the person who is 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 national security or endanger the safety of any person if disclosed.

  • Marginal note: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 82 to 82.3, 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).
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