Section 7 — Right to enter and remain in Canada
Text of provision
The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a foreign state or with an international organization for the purposes of this Act.
Plain English
Section 7 guarantees the right to enter and remain in Canada to: (a) Canadian citizens; and (b) persons registered under the Indian Act. This right is absolute under IRPA — it cannot be removed by the operation of any other provision of the Act.
This section reflects the constitutional status of citizenship — a Canadian citizen cannot be deported from Canada regardless of criminal record or conduct.
Practical effect
The s 7 right means that IRPA's inadmissibility provisions (ss 33–43) cannot result in the removal of a Canadian citizen. Officers may still detain Canadian citizens who are suspected of criminal activity — but detention is governed by the Criminal Code, not IRPA.
Persons registered under the Indian Act who are not Canadian citizens (e.g., members of First Nations who are also US citizens) have the same right to enter and remain under s 7.