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Snickerdo3
Premium Member
join:2001-02-28
Niagara Falls, ON

Snickerdo3 to digitalfutur

Premium Member

to digitalfutur

Re: Getting A Passport-----Criminal record?

said by digitalfutur:

The ruling applies only to s.10.1
The wording of the judges ruling will allow it to be used for challenges against other denial regulations, since the judge specifically mentioned how denying someone a passport also denies them their Charter right to enter and leave Canada at will.

digitalfutur
Sees More Than Shown
Premium Member
join:2000-07-15
GTA

2 edits

digitalfutur

Premium Member

Perhaps, but sections other than 10.1 stand until otherwise judged , as does s 10.1 for the next 6 months.

It was not the court's judgement that a passport can never be denied with respect to a criminal record, especially a conviction for forging or uttering a forged passport or permitting someone else to use it. The court is smarter than that to realize the chaos that would ensue.

A passport is not an absolute right.

A rewrite of the law is why the court stayed its decision on 10.1 for 6 months, so the nothwithstanding clause is not required at this point.

Edit: Add missing word.

Snickerdo3
Premium Member
join:2001-02-28
Niagara Falls, ON

Snickerdo3

Premium Member

said by digitalfutur:

A passport is not an absolute right.
No, but the ability to enter and leave Canada most definitely is. The judge ruled that since a passport is required to re-enter Canada, the rights to a passport is also extended. This is why, regardless of the changes to the law, we're going to get into a real interesting situation where any grounds for the denial of a passport will require a Section 1 test. While I could see forgery and temporary court orders withstanding a Section 1 test, the whole denial based on a criminal conviction in the past or a "potential" security threat will most certainly not.