Is a person inadmissible to Canada for โengaging in an act of espionage against a democratic government, institution or processโ within the meaning of section 34(1)(a) of the ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ฆ๐ง๐ถ๐จ๐ฆ๐ฆ ๐๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ช๐ฐ๐ฏ ๐๐ค๐ต (๐๐๐๐), if the personโs activities consist of intelligence gathering activities that are legal in the country where they take place, do not violate international law and where there is no evidence of hostile intent against the persons who are being observed?
Espionage is not defined in the Immigration and Refugee Protection Act (IRPA), but jurisprudence has defined it as information gathering in a covert way or surreptitiously. Unlike subversion, espionage does not have to have an illicit outcome as its goal in order to establish that the act constitutes espionage.
๐๐ข๐ฐ ๐ท. ๐๐ข๐ฏ๐ข๐ฅ๐ข (๐๐ช๐ต๐ช๐ป๐ฆ๐ฏ๐ด๐ฉ๐ช๐ฑ ๐ข๐ฏ๐ฅ ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ) 2022 ๐๐ 64
Individuals may be inadmissible for engaging in espionage even where the activities:
- are legal in the country where they take place;
- do not violate international law; and
- where there is no evidence of hostile intent
๐๐ฆ๐ฆ๐ณ ๐ท. ๐๐ข๐ฏ๐ข๐ฅ๐ข (๐๐ช๐ต๐ช๐ป๐ฆ๐ฏ๐ด๐ฉ๐ช๐ฑ ๐ข๐ฏ๐ฅ ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ), 2011 ๐๐๐ 91
Espionage is not dependent on whether the person who is engaged in espionage does so only from his home country and reports to agencies in his home country or does so from a foreign country and reports to agencies in his home country.
๐๐ฎ๐ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐๐ฎ๐๐ถ๐ฑ ๐๐ฏ๐ฒ๐ฎ๐๐๐ฐ๐ต๐ถ is a Toronto based law firm with a trained immigration attorney, excited to take you through the immigration documentation process to ensure it is as seamless as possible. Get it right this time!
๐ฅ๐ฒ๐พ๐๐ฒ๐๐ ๐ฎ ๐ฐ๐ผ๐ป๐๐๐น๐๐ฎ๐๐ถ๐ผ๐ป ๐ป๐ผ๐.
๐๐ฐ๐ต๐ฆ: ๐๐ฉ๐ฆ ๐ค๐ฐ๐ฏ๐ต๐ฆ๐ฏ๐ต ๐ฐ๐ฏ๐ญ๐บ ๐ฑ๐ณ๐ฐ๐ท๐ช๐ฅ๐ฆ๐ด ๐ข ๐จ๐ฆ๐ฏ๐ฆ๐ณ๐ข๐ญ ๐จ๐ถ๐ช๐ฅ๐ฆ ๐ต๐ฐ ๐ต๐ฉ๐ฆ ๐ด๐ถ๐ฃ๐ซ๐ฆ๐ค๐ต ๐ฎ๐ข๐ต๐ต๐ฆ๐ณ. ๐๐ฆ๐จ๐ข๐ญ ๐ข๐ฅ๐ท๐ช๐ค๐ฆ ๐ด๐ฉ๐ฐ๐ถ๐ญ๐ฅ ๐ฃ๐ฆ ๐ด๐ฐ๐ถ๐จ๐ฉ๐ต ๐ง๐ฐ๐ณ ๐ฃ๐ฆ๐ต๐ต๐ฆ๐ณ ๐จ๐ถ๐ช๐ฅ๐ข๐ฏ๐ค๐ฆ, ๐ณ๐ฆ๐ญ๐ข๐ต๐ช๐ท๐ฆ ๐ต๐ฐ ๐บ๐ฐ๐ถ๐ณ ๐ค๐ช๐ณ๐ค๐ถ๐ฎ๐ด๐ต๐ข๐ฏ๐ค๐ฆ.
