We ask that you take note of the following information:
The Hamas
The Palestinian territory of Gaza is Hamas-controlled from 2012 to present.
Canada’s ambassador to the United Nations has called for the destruction of Hamas.
“Any organization like this has to be destroyed” – Bob Rae
Security for Gaza is mainly handled by Hamas through its military wing, the “Izz ad-Din al-Qassam Brigades”, internal security service, and civil police force.
The “Izz ad-Din al-Qassam Brigades” has an estimated 30,000 to 50,000 operatives.
https://www.middleeasteye.net/news/hamas-growing-military-stature-say-analysts
Guarding Canada from Hamas
Canada needs to guard against allowing Hamas and Hamas-supporters to gain access to Canadian soil.
Canada relies heavily upon our security establishment to protect Canadians, and Canada’s counter-terrorism strategy includes: “Prevent, Detect, Deny”
https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rslnc-gnst-trrrsm/index-en.aspx
Canada’s counter-terrorism specialists aim to:
- “Prevent” individuals from engaging in terrorism;
- “Detect” the activities of individuals and organizations who may pose a terrorist threat; and,
- “Deny” terrorists the means and opportunity to carry out their activities. The end goal is to make Canada and Canadian interests a more difficult target for wouldbe terrorists.
We recommend heightened, cautious, and thorough screening
Canadian policy is to allow forward 1000 applicants from Gaza to Canada.
We have concerns that arise from the “Palestinian Centre for Policy and Survey Research”, which was founded with the goal of advancing scholarship and knowledge on immediate issues of concern to Palestinians is registered with the
Palestinian Ministry of Justice as a non-profit institution.
The “Palestinian Centre for Policy and Survey Research” found that 52% of Gazans and 85% of West Bank respondents – or 72% of Palestinian respondents overall – voiced satisfaction with the role of Hamas in the war.
https://www.pcpsr.org/en/node/963 – December 13, 2023
We are advocating for cautious screening by our Canadian security specialists, before an applicant can board the plane to Canada.
We are recommending specific questions for screening purposes, based upon Part II.1 of Canada’s Criminal Code.
Part II.1 of Canada’s Criminal Code provides criminal penalties for the following terrorism offences:
- Knowingly participating in, contributing to, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity;
- Knowingly facilitating a terrorist activity;
- Commission of a serious (i.e. indictable) offence for the benefit of, at the direction of, or in association with, a terrorist group;
- Knowingly instructing anyone to carry out a terrorist activity; and Knowingly harbouring or concealing any person who has carried out or is likely to carry out a terrorist activity for the purpose of enabling the person to facilitate or carry out any terrorist activity.
We recommend that Canadian security specialists interview individual applicants, before they are entitled to embark for Canada, and again, a second time, by an officer with the Canada Border Services Agency, when individual applicants arrive at a port of entry in Canada, prior to being admitted for entry to Canada, regarding Hamas, and other groups
that Canada recognizes as terrorist organizations.
We recommend that records be kept and maintained for a period of not less than 25 years, regarding answers to the following questions:
- Have you ever been a member of Hamas or any other terrorist organization at any time?
- Has any member of your family been a member of Hamas or any other terrorist organization at any time (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- Have you ever provided funds to Hamas or to a member of Hamas or any other terrorist organization at any time?
- Has any member of your family ever provided funds to Hamas or a member of Hamas or any other terrorist organization at any time (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- Have you ever provided accommodation, at any time, to a member of Hamas or any other terrorist organization
- Has any member of your family ever provided accommodation to a member of Hamas or any other terrorist organization, at any time (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- Have you ever harboured, housed, fed, cared for, or minded, an Israeli citizen, at any time, during 2023 or 2024?
- Has any member of your family ever harboured, housed, fed, cared for, or minded, an Israeli citizen, at any time, during 2023 or 2024 (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- Have you ever participated in, or assisted in, or witnessed, the kidnapping of an Israeli citizen, at any time during 2023 or 2024?
- Has any member of your family ever participated in, or assisted in, or witnessed, the kidnapping of an Israeli citizen, at any time during 2023 or 2024 (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- Have you ever participated or assisted in a rocket shelling attack, at any time?
- Has any member of your family ever participated or assisted in a rocket shelling attack, at any time (father, mother, brother, sister, son, daughter, grandfather, grandmother)?
- In addition to the above, the following questions should also be asked and answered:
- Has Hamas or any other terrorist organization ever stored arms at your house or apartment or the house or apartment of a family member?
- Have you or a member of your family ever hosted in the place where you or family member lived an entrance to a Hamas tunnel?
- Have you or has a family member ever provided goods to Hamas or any other terrorist organization?
- Has Hamas or any other terrorist organization given you or a family member money to produce a good or perform a service for them? If so, what good or service?
- Have you or any family member every voluntarily produced a good or performed a service for Hamas or any other terrorist organization? If so, what good or service?
- Have you or has a family member ever distributed literature or pamphlets or posted signs or posters for Hamas or any other terrorist organization?
- Have you or has a family member ever posted, or forwarded on social media, or sent an e-mail, or added to websites, statements supportive of Hamas or any other terrorist organization?
- Have you or has a family member ever attended meetings hosted by Hamas or other terrorist organization?
- Have you or a family member ever expressed or shown support in any way for Hamas or any other terrorist organization?
APPENDIX 1 – CRIMINAL CODE
Participation in activity of terrorist group
83.18 (1)
Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Prosecution
83.18 (2)
An offence may be committed under subsection (1) whether or not
- (a) a terrorist group actually facilitates or carries out a terrorist activity;
- (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or
- (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.
Meaning of participating or contributing
83.18 (3)
Participating in or contributing to an activity of a terrorist group includes
- (a) providing, receiving or recruiting a person to receive training;
- (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;
- (c) recruiting a person in order to facilitate or commit
- (i) a terrorism offence, or
- (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;
- (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and
- (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit
- (i) a terrorism offence, or
- (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.
Factors
83.18 (4)
In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused
- (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;
- (b) frequently associates with any of the persons who constitute the terrorist group;
- (c) receives any benefit from the terrorist group; or
- (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.
What is “terrorist activity”?
terrorist activity means
… (b) an act or omission, in or outside Canada,
- (i) that is committed
- (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
- (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and
- (ii) that intentionally
- (A) causes death or serious bodily harm to a person by the use of violence,
- (B) endangers a person’s life,
- (C) causes a serious risk to the health or safety of the public or any segment of the public,
- (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
- (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
- and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. (activité terroriste)
terrorist group means
- (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or
- (b) a listed entity, and includes an association of such entities. (groupe terroriste)
For greater certainty
- (1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition terrorist activity in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph. …
- (2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).
Facilitating terrorist activity
83.19 (1)
Everyone who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Facilitation
83.19 (2)
For the purposes of this Part, a terrorist activity is facilitated whether or not
- (a) the facilitator knows that a particular terrorist activity is facilitated;
- (b) any particular terrorist activity was foreseen or planned at the time it was facilitated;
or
- (c) any terrorist activity was actually carried out.
Attorney General’s consent
83.24
Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.
APPENDIX 2 – SECURITY PARTNERS
The Government of Canada requires all applicants for immigration status in Canada to undergo security screening, which includes thorough background checks, to ensure that a person does not pose a threat to Canadian society.
IRCC works closely with Public Safety partners (Canada Border Services Agency, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service) to carry out the screening process.
This allows, as needed, for fuller security screening to help identify individuals who may pose a threat to Canadians, and to mitigate potential security risks associated with individuals who are seeking to enter Canada.
IRCC works with these partners to access information from international databases from like-minded countries, in order to determine a person’s admissibility under Canada’s immigration laws.
Canadian Security Intelligence Service
The role of the Canadian Security Intelligence Service (CSIS) is to verify a person’s background for activities that could constitute a threat Canada’s security.
Section 14 of the CSIS Act authorizes CSIS to gather information relating to security or criminal activity that is relevant to any duty or function under the Immigration and Refugee Protection Act (IRPA).
Section 15 of the CSIS Act authorizes CSIS to conduct such investigations for the purpose of providing security assessments.
Together these sections allow CSIS to conduct security screenings of all applicants seeking admission to Canada through Immigration Refugee and Citizenship Canada (IRCC).
Section 34 of the CSIS Act deals with inadmissibility based on security. The section states that a permanent resident or a foreign national is inadmissible to Canada on security grounds for:
- engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests
- engaging in or instigating the subversion by force of any government
- engaging in an act of subversion against a democratic government institution or process as they are understood in Canada
- engaging in terrorism
- being a danger to the security of Canada
- engaging in acts of violence that would or might endanger the lives or safety of persons in Canada or
- being a member of an organization that there are reasonable grounds to believe engages has engaged or will engage in acts referred to above.
Essentially security screenings are conducted to discover applicants who are or have been involved in espionage subversion terrorism or who would pose serious danger to Canadian society.”
The Government of Canada requires all applicants for immigration status in Canada to undergo security screening which includes a thorough background check to ensure that a person does not pose a threat to Canadian society.
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