Security inadmissibility (IRPA s 34)
Statutory definition
IRPA s 34(1) provides that a person is inadmissible on security grounds for engaging or having engaged in: espionage or an act or omission outside Canada that would constitute espionage in Canada; subversion by force; terrorism; acts of violence that would endanger lives in Canada; being a member of an organisation that engages in any of the above; and being a danger to the security of Canada. Section 34(2) provides that s 34 does not apply if the person satisfies the Minister that their presence is not contrary to the national interest.
Explanation
Security inadmissibility under s 34 is separate from criminality inadmissibility and is assessed by the Canadian Security Intelligence Service (CSIS) and CBSA. Persons who are inadmissible under s 34 cannot obtain a TRP to enter Canada unless the Minister grants relief under s 42.1. The s 34(2) national interest exception creates a pathway but requires a high threshold showing — the person must demonstrate that their presence is consistent with the national interest. This exception has been interpreted narrowly by the courts.