Inadmissibility on Security Grounds – Removing terrorists, spies and dangerous people from Canada!

Interview with leading immigration and national security lawyer Peter Edelmann

Have you ever wondered what happens when Canada wants to remove someone they think is a terrorist or a spy? How do they actually do this? Is there a formal process or do they simply book a flight, toss them on a plane and fly them back to their country of citizenship. Obviously it is not that simple! In my interview with Canadian immigration lawyer, Peter Edelmann, he shares some insight on this very complex area…the intersection of immigration, criminal and national security law in Canada.

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S.34 of the Immigration and Refugee Protection Act sets out the basis upon which the government can find someone inadmissible to Canada on the grounds of security. Peter takes us through each of the various types of activities that can cause a person to be found inadmissible for national security concerns.

Peter is a regular presenter at conferences on various topics related to criminal and immigration law. He regularly appears before Parliamentary committees and before the Supreme Court of Canada on issues related to criminality and national security in the immigration context.

During my interview with Peter Edelmann, we covered the following topics:

  • Peter’s background.
  • How he got into immigration law.
  • Introduction to inadmissibility on security grounds.
  • Historical context of s.34 inadmissibility.
  • What constitutes:
    • engaging in espionage;
    • subversion by force of any government;
    • engaging in terrorism;
    • being a danger to the security of Canada;
    • engaging in acts of violence that might endanger the lives of Canadians; and
    • being a member of an organization that engages in each of the above.
  • How a security investigation is triggered.
  • What to expect when your client faces these serious allegations.
  • Numerous practical examples of how s.34 has been applied in Canada.
  • Relief Provisions
  • How to spot potential security issues early on what to do
  • How people can reach Peter Edelmann.

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Additional Resources:

Listen to Mark Holthe’s Canadian Immigration Podcast

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