Court Rules Immigration Law Must Link to Canada’s Security to Bar Suspected Spies

The Federal Court of Appeal has ruled that individuals can only be barred from Canada under espionage-related provisions of the immigration law if their activities are clearly linked to Canadian security.

Today’s decision involves two men from Ethiopia who were deemed inadmissible to Canada for their involvement with an organization engaged in spying.

According to the Immigration and Refugee Protection Act, individuals who were part of organizations involved in espionage against Canada or that are contrary to Canada’s interests can be barred from entry.

The key issue in these cases was interpreting the phrase “contrary to Canada’s interests.”

Both men are Ethiopian nationals and former employees of the Information Network Security Agency, a state-run security and intelligence organization in Ethiopia.

In both instances, the Court of Appeal ruled in favor of the men, stating that there was no evidence to suggest that the actions of the intelligence agency were directed at Canada as a nation or Canadian entities, institutions, or individuals, including members of the Ethiopian diaspora.

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