CIMM – Passport Integrity – November 25, 2024

Key Messages

• There is a publication ban issued for the current criminal prosecution in order to protect the integrity of the upcoming judicial process.
• Passport issuance is an important service delivered by the Government of Canada that provides visa-free access to over 180 countries and facilitates Canadian citizens' border mobility rights under the Canadian Charter of Rights and Freedoms.
• IRCC works with other federal government organizations, as well as our closest international partners, to ensure checks and balances are in place to support the security and integrity of the Passport Program. This includes confirming identity, eligibility, and entitlement by carrying out comprehensive security screening, verifying international databases, through both automatic and manual information sharing, to mitigate potential security and criminality risks.
• IRCC works with law enforcement partners to ensure passport surrender orders as well as other judicial restrictions, which may impact entitlement to passport services, are addressed. Only some convictions will lead to surrender orders being issued.

Supplementary Information

• When an applicant is not eligible for passport services, or if an applicant is suspected of forging or tampering with passports, the file is further reviewed by experienced officers. Administrative sanctions may be taken in accordance with the Canadian Passport Order, such as refusal or revocation.
• The Canadian Passport Order allows passport officials, on behalf of the Minister of IRCC, to refuse to issue a passport, revoke a passport for reasons such as court-imposed restrictions on mobility or standing charged with an indictable offence in Canada or abroad. It also enables the Program to refuse, revoke, impose a period of refusal service, cancel, recover and monitor the use of passports. 
• The Passport Program can share information with law enforcement agencies to confirm whether an individual is subject to such conditions.
  • In compliance with the Privacy Act, such uses are listed in the Privacy Notice Statement on every passport application form, and in IRCC’s published Personal Information Bank descriptions.
  • Refusal and revocation processes include procedural fairness measures in order to respect citizens’ mobility rights under section 6 of the Canadian Charter of Rights and Freedoms.

If pressed on databases & information sharing:

• IRCC has access to the Canadian Police Information Centre (CPIC) database.
• The Program does not have access to court databases.
  • When information is shared with the Passport Program, investigators will complete their analysis and will use all information that is available, including reaching out to law enforcement partners when applicable.
  • The Passport Program has a 24/7 team to receive and respond to partner enquiries and/or action information provided by them.

If pressed on Changing Entitlement:

• How could a person get a passport two years after being court ordered not to apply? Not case specific answer, but in general:
  • Entitlement is assessed with each application. Judicial restrictions often have limited specified dates and will expire over time.
• Border mobility is a right under the Canadian Charter of Rights and Freedoms. Being convicted of a crime does not automatically mean that a Canadian citizen is not entitled to a passport. Various judicial restrictions can affect the entitlement to obtain a passport.