Denied Entry to Canada Case Raises Free Speech Issues

UK MP Denied entry to Canada

As reported in the National Post, UK MP George Galloway allegedly provided humanitarian food aid in the Gaza region earlier in the year.  The Immigration Section of the Canadian High Commission in London therefore denied him entry to Canada on grounds that he is a member of the terrorist organization Hamas pursuant to the inadmissibility provisions of the Immigration and Refugee Protection Act. Mr. Galloway wishes to enter Canada to speak at a four day peace rally in Toronto and other parts of Canada. His case has been appealed to the Federal Court where a decision on his right to enter Canada will be made later today.

This case raises some interesting issues about Canadian immigration laws relating to inadmissibility and freedom of speech. As discussed in previous blogs and on our website , Canadian immigration regulations prohibit admission to Canada based on serious criminality, terrorism and being member of terrorist organizations.

The interesting question here is what constitutes membership in a terrorist organization? Is providing aid to people who live in a region where terrorists may reside evidence that one belongs to a terrorist organization? The federal court judge in this case sites lack of direct evidence pointing even to the MPs involvement in giving aid in the first place.

But even if it is confirmed that Mr. Galloway did in fact bring aid to Gaza and was even a Hamas sympathizer, I do not think such facts should render him inadmissible to Canada. Unless it can be shown that he funded or actively supported or worked with Hamas or any other terrorist organization, Mr Galloway’s personal beliefs and political leanings should not be a factor in assessing whether he is to be admitted to Canada or not. After all, we live in a democracy and an essential keystone of a democratic society is freedom of speech (within certain limitations). Ironically, being persecuted in a foreign country for one’s political opinion is a legal ground for making a refugee claim in Canada.

Mr. Galloway’s alleged actions in Gaza and even possible sympathies to Hamas  raises certain moral concerns about his character, but unless he is found to be a criminal, terrorist or a member of a terrorist organization, his legal ability to enter Canada for the purpose of participating in public speaking engagements should not be thwarted by the Canadian authorities. Allowing morally undesirables into Canada who are otherwise not breaking any laws or engaging in terrorist activities, is a testament to our democracy. The alternative (denying him entry to Canada) would be to support censorship–a policy widely enforced throughout terrorist regimes. A hard pill to swallow maybe but a price well worth it if we are to keep our democracies functioning.

If you have been denied entry to Canada, call Niren and Associates Immigration Lawyers for assistance at 416 410 7484 or email us at [email protected]

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: canada free speech problems denied entry terrorism denied entry to Canada

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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