Strengthened Security and Screening Measures
Legislative and Operational Reforms
Summary
In the aftermath of the September 11, 2001 attacks, Canadian immigration policy shifted to prioritize national security through enhanced screening and information sharing under the binational Smart Border Declaration, legislative reforms within the newly enacted Immigration and Refugee Protection Act (IRPA) including the adoption of security certificates, the negotiation of the Canada–U.S. Safe Third Country Agreement to manage refugee claims, and the operational consolidation of border services into the Canada Border Services Agency.
On This Page You Will Find:
- Historical Context and Pre-9/11 Framework
- Enhanced Security Screening and Information Sharing
- Legislative Reforms: IRPA and Security Certificates
- Safe Third Country Agreement
- Creation of the Canada Border Services Agency
- Conclusion
Historical Context and Pre-9/11 Framework
Canada introduced the Immigration and Refugee Protection Act in mid-2002, just months before the 9/11 attacks, and the draft legislation already contained expansive security and inadmissibility provisions, negating the need for immediate post-9/11 amendments.
Enhanced Security Screening and Information Sharing
Within three months of 9/11, Canada and the United States signed the Smart Border Declaration and 30-Point Action Plan on December 12, 2001, committing to measures such as joint border enforcement teams and secure electronic information-sharing programs.
Under this framework, Canada mandated the collection of Advance Passenger Information (API) and Passenger Name Record (PNR) data from commercial air carriers, enabling pre-departure security screenings by the CBSA.
Legislative Reforms: IRPA and Security Certificates
The IRPA, which came into force on June 28, 2002, established security certificates—a mechanism allowing the government to detain and deport non-citizens on national security grounds via closed Federal Court proceedings.
Security certificates utilize classified information and special advocates to balance confidentiality with procedural fairness, and were upheld in key Supreme Court decisions such as Charkaoui v. Canada in 2007.
Safe Third Country Agreement
In response to rising irregular refugee flows, Canada and the U.S. signed the Safe Third Country Agreement on December 5, 2002, requiring refugee claimants to apply for protection in the first safe country they arrive in, which came into effect on December 29, 2004.
Creation of the Canada Border Services Agency
To unify customs and immigration enforcement, the Canada Border Services Agency (CBSA) was established on December 12, 2003, merging functions from Canada Customs, Citizenship and Immigration Canada, and the Canadian Food Inspection Agency.
Conclusion
The events of September 11, 2001 precipitated a security-centric transformation of Canadian immigration policy, consolidating legislative, bilateral, and operational initiatives to safeguard national security while effectively managing migration flows.
