ARCHIVED – Operational Bulletins 054 – March 20, 2008

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

This document has expired. Please refer to the appropriate Program Delivery Instructions for current information.

Pre-Removal Risk Assessment (PRRA) – Facing the Death Penalty – Referral of cases when the issue of assurances is not resolved

Please note that these are interim instructions only as instructions are currently being developed for inclusion in the PP 3 manual.

In some situations, persons who have been charged with or convicted of serious crimes face the risk of a death penalty through the judicial system in the country to which they are facing removal. While these penalties may be legally sanctioned, such cases must be examined in light of international human rights instruments to which Canada is a party, as well as Canadian jurisprudence. The Supreme Court of Canada ruled, in the 2001 case of United States v. Burns, that extradition to face the possibility of capital punishment is unconstitutional, as it violates the life, liberty and security of the person provisions found in section 7 of the Charter of Rights and Freedoms. Consequently, the government has to consider whether assurances are required in order for removal to be lawful and Charter-compliant.

The decision whether or not to seek assurances should be made as early as possible in the enforcement process. Where a person appears to be at risk of the death penalty in the country to which they are being removed, the CBSA will advise the Coordinator, Danger to the Public/Rehabilitation, Case Management Branch (CMB) of such risk. The Coordinator will prepare a recommendation, which is considered by the Director General (CMB) in deciding whether to seek assurances. Resolution occurs when the decision by the Director General (CMB) is made not to seek assurances; or when assurances are sought and received from Foreign Affairs and International Trade Canada (DFAIT).

In a situation where a PRRA notification was given, the PRRA officer becomes aware that an applicant may face the death penalty and CMB has not yet been contacted, the officer shall immediately suspend processing and notify the PRRA Coordinator. The PRRA Coordinator will alert the CBSA of the need to contact the Coordinator, Danger to the Public/Rehabilitation, CMB as described above.

A PRRA decision shall not be rendered until the issue of assurances has been resolved (either by the decision by CMB not to pursue assurances or the receipt of such assurances from DFAIT). Once assurances have been obtained, these applications will be given the highest possible priority.

Page details

Date modified: