Identifier
Created
Classification
Origin
05OTTAWA3695
2005-12-16 20:28:00
SECRET//NOFORN
Embassy Ottawa
Cable title:  

CANADIAN IMMIGRATION OFFICIALS NEGATIVE ON

Tags:  MOPS PREL PTER KAWC PHUM PINR CA 
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162028Z Dec 05
S E C R E T OTTAWA 003695 

SIPDIS

NOFORN

E.O. 12958: DECL: 12/16/2105
TAGS: MOPS PREL PTER KAWC PHUM PINR CA
SUBJECT: CANADIAN IMMIGRATION OFFICIALS NEGATIVE ON
RESETTLEMENT OF CERTAIN REFUGEES FROM GUANTANAMO

REF: (A) OTTAWA 3656 AND PREVIOUS (B) STATE 215194

Classified By: POLITICAL M/C BRIAN FLORA. REASON 1.4 (B) AND (d).

S E C R E T OTTAWA 003695

SIPDIS

NOFORN

E.O. 12958: DECL: 12/16/2105
TAGS: MOPS PREL PTER KAWC PHUM PINR CA
SUBJECT: CANADIAN IMMIGRATION OFFICIALS NEGATIVE ON
RESETTLEMENT OF CERTAIN REFUGEES FROM GUANTANAMO

REF: (A) OTTAWA 3656 AND PREVIOUS (B) STATE 215194

Classified By: POLITICAL M/C BRIAN FLORA. REASON 1.4 (B) AND (d).


1. (S) Pol Minister Counselor and polmiloff met with two
Assistant Deputy Ministers (Operations and Policy) at
Citizenship and Immigration Canada (CIC) on December 15, to
follow up on USG's request that Canada consider resettlement
of Uighurs from Guantanamo. In a cordial but candid exchange,
A/DMs Janet Siddall (Operations) and Daniel Jean (Policy and
Program Development) made clear that Uighurs -- both enemy
combatant and non-combatant -- are ineligible for admission
to Canada based on their prior association with Taliban
training camps. Post will fax to L/PM excerpts provided from
the relevant legislation ("An Act respecting immigration to
Canada and the granting of refugee protection to persons who
are displaced, persecuted or in danger", aka Bill C-11 passed
June 13, 2001).


2. (S) Jean, whose office administers the Safe Third
Agreement and bilateral MOU, said the Uighurs' basis of
inadmissibility precludes use of the MOU as a vehicle for
requesting that Canada accept the Uighurs. Jean drew
attention to the last sentence of para 2 of the MOU which
states "The selection for resettlement to Canada of persons
referred by the United States shall be conducted with
Canadian officials in accordance with Canadian law and
policies." Jean also shared relevant segments of his
transcripted 2003 testimony before the Canadian Senate's
Standing Committee on Immigration in which he stated,
regarding the MOU, "In the context of cases being referred
from Guantanamo, the United States is not interested in
referring cases that may have made the media because of their
role in the context of global terorrism or things like that.
These cases would be inadmissible to Canada. Those are not
the cases that we would be approving."


3. (S) Though an individual found inadmissible under these
grounds may try to "satisfy the Minister that their presence
in Canada would not be detrimental to the national interest,"
neither of our interlocutors thought this a scenario with a
likely positive outcome for Uighurs held at Guantanamo. As
in the U.S., they said, the government here faces growing
judicial pressure to release or charge and prosecute
detainees apprehended and held without specific charges.
Moreover, the volatile political environment (which is likely
to endure beyond the January 23 elections) had increased
public scrutiny of such cases and added to the pressure on
the Ministers.

Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa

WILKINS