441-02572 (Foreign affairs)

As part of the immigration application process, all visa applications are carefully assessed for eligibility and admissibility under the Immigration and Refugee Protection Act (IRPA). For example, a foreign national may be inadmissible to Canada if they have engaged in criminality or human or international rights violations (including being subject to sanctions), or are a family member of an inadmissible person.

In 2017, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) came into force. It added two new inadmissibility provisions under the IRPA concerning sanctioned government officials or individuals acting on behalf of a foreign state who are responsible for corruption, extrajudicial killings, torture or other gross violations of internationally recognized human rights. A foreign national listed in an order or regulation made by the Governor in Council under the Justice for Victims of Corrupt Foreign Officials Act would be inadmissible.

If an applicant is determined to be inadmissible on any ground, they may be refused a visa, electronic travel authorization or entry to Canada. Inadmissibility decisions are made on a case-by-case basis by Immigration Officers and are based on evidence, which may consist of police or intelligence reports, statutory declarations or other documents—such as media articles, scholarly journals or publicly-available information.

In addition, if a foreign national who is at the border, or is in Canada, is found to be inadmissible, they may be denied entry or ordered to leave Canada. The Canada Border Services Agency is responsible for immigration enforcement at the border and in Canada.

For privacy reasons, individual cases cannot be discussed.

The promotion and protection of human rights is an integral part of Canadian foreign policy and a priority in our government’s engagement with China. Canada has consistently called on China to respect, protect and promote freedom of expression, assembly and association, and religion or belief for all.

Canada has publicly voiced concerns about the intimidation and repression of ethnic minority and religious groups, including Falun Gong practitioners, and will continue to do so at every appropriate opportunity. On January 23, 2024, in the context of the Universal Periodic Review of China at the United Nations Human Rights Council in Geneva, Canada made specific reference to Falun Gong practitioners when it called on China to end all forms of enforced disappearance.

On December 14, 2022, Bill S-223 regarding organ harvesting and trafficking, which parliamentarians have linked to Uyghurs and Falun Dafa practitioners in China, was adopted unanimously at third reading in the House of Commons by a vote of 324-0. Bill S-223 then received Royal Assent the following day. Bill S-223 makes it a criminal offence for a Canadian citizen or a permanent resident to go abroad to receive an organ taken from someone who did not give informed consent to the removal of the organ. Canada joins jurisdictions such as the United States, United Kingdom, Italy, Israel, Belgium, Norway, Spain, and South Korea and Taiwan that have passed legislation to combat forced organ harvesting, organ transplant tourism, and organ trafficking.

The Government of Canada remains committed to combating all forms of human trafficking, including for the purposes of organ removal. The Government of Canada is actively engaged with other states, including China, to advocate and advance the implementation of the United Nations Convention against Transnational Organized Crime’s Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Addressing the illegal organ trade is complex and requires international cooperation. Canada actively participated in the development of the revised World Health Organization’s Guiding Principles on Human Organ and Tissue Transplantation, which Member States, including China, adopted in 2010.

Furthermore, Canada continues to work closely with international partners to advance the freedom of persecuted faith and belief communities worldwide. In 2015, Canada established the International Contact Group on Freedom of Religion or Belief, co-Chaired by Canada and the United States. It is an important platform, which has brought together over 30 countries committed to protecting and promoting freedom of religion or belief. It has helped advance coordinated initiatives concerning issues of religious minorities around the world.

The Government would like to acknowledge receipt of the proposed list of People’s Republic of China officials provided in the petition. In January 2024, at the United Nations Human Rights Council’s Universal Periodic Review of China’s human rights record, Canada called on China to “End all forms of enforced disappearance targeting human rights defenders, ethnic minorities, and Falun Gong practitioners”.

The Government’s Indo-Pacific Strategy (IPS) directly outlines Canada’s approach to China. China’s rise as a global actor is reshaping the strategic outlook of every state in the region, including Canada. The third pillar of the IPS specifically invests in people, development, and the defense of human rights in the Indo-Pacific region. Canada will never apologize for pursuing its national interests, which includes upholding global rules that govern human rights.