Petition to the Honourable Ministers of Public Safety and Emergency Preparedness, and Immigration, Refugees, and Citizenship

Whereas:

• On June 19, 2024, the Government of Canada designated the Iranian Revolutionary Guard Corps (IRGC) as a terrorist organization after years of deliberation.

• The Iranian Canadian community played a decisive role in advocating for this designation, with the goal of holding the IRGC accountable as the terrorist arm of the Iranian regime, while also safeguarding Canada’s national security.

• Canadian politicians, such as Prime Minister Justin Trudeau, former Justice Minister David Lametti, and current Justice Minister Arif Virani, have stressed that this designation would be implemented responsibly, carefully, and in a measured manner. On June 19, 2024, Justice Minister Arif Virani emphasized the government’s concern about the impact of this listing on those conscripted into the IRGC, stating, ‘If an individual was conscripted at one point in time and no longer serves with the IRGC, that would affect the analysis.’

• Military service is compulsory for all Iranian males over the age of 18, as confirmed by the CIA World Factbook and the US Department of State. Conscripts have no control over the unit to which they are assigned, and those who refuse to comply with conscription laws face severe legal and punitive consequences. Under Iran’s Military Service Law, individuals labeled as ‘deserters’ are identified, arrested, and subjected to imprisonment and extended service terms. They are also deprived of basic human rights, including the right to work and travel. Additionally, employers who hire these individuals face significant legal penalties.

• Currently, some families, including both refugee claimants and Permanent Resident (PR) applicants, have been found inadmissible due to mandatory conscription into the IRGC, despite the absence of any evidence of voluntary involvement. While some affected individuals have expressed opposition to the regime in the past, there are generalized references to potential ‘indoctrination’ during compulsory military service with the IRGC. The mere fact of conscription into the IRGC being sufficient grounds for inadmissibility is deeply concerning, raising serious concerns about fairness and justice. As a result, this situation not only impacts these families but also places thousands of Iranians living in Canada, including permanent residents, at risk of arbitrary findings, causing distress within the community and affecting those who have sought to build their lives here.

• Families caught in the web of these cases face not only the daunting reality of prolonged security background checks but also the looming, devastating prospect of being found inadmissible under IRPA Section 34(1)(f). This grim possibility casts a shadow over their lives, stripping them of the chance to build a future in Canada, or anywhere in the Western world, and often leaving them with no viable path to return to their home countries. The uncertainty and hopelessness have taken a severe emotional toll on these families. Some, desperate to shield their loved ones from this ordeal, have considered divorce as a last-ditch effort to protect those who may still have a chance to stay. Tragically, there have even been reports of individuals contemplating suicide, unable to endure the weight of this crisis. For those enduring years-long separations from their families due to excessive delays in security checks, this new threat of inadmissibility feels like salt poured into an already festering wound. These are not abstract legal battles; they are human tragedies, with innocent families bearing the brunt of policies that fail to account for the realities of forced conscription and the profound impact of such decisions on their lives.

• Although the IRGC is designated as a terrorist organization, like Al Qaeda, by Canada, the context of conscription within the IRGC is vastly different. Thousands of Iranian men conscripted into the IRGC serve without any affiliation, let alone voluntary “membership”, often performing mundane non-military duties such as cooking or low-level administrative tasks. Conscription in Iran is seen as a routine administrative requirement mandated by law, not as temporary ‘membership.’ Conscripts are neither regarded nor treated as actual ‘members.’”

• There is no evidence that IRGC conscripts are exposed to “indoctrination” any more than conscripts assigned to the other three entities, namely, the army, the police, and the Ministry of Defense.”

• In the absence of a specific date upon which the IRGC was deemed a terrorist organization, Canada considers the IRGC a terrorist organization from its inception. However, individuals mandatorily assigned to the IRGC for military service over the past decades are unfairly deprived of their right to weigh the high risks of absenteeism and desertion against the risk of being labeled as a ‘member’ of a terrorist organization. This violates principles of natural justice recognized under international law and Canada’s Charter of Rights and Freedoms.

We, the undersigned, residents of Canada, including families of victims of flight PS752, prominent members of the legal community, as well as civil society in Canada:

1.      We respectfully ask that ministerial guidance be issued promptly under Section 42.1(2) of the Immigration and Refugee Protection Act (IRPA) as follows:

“Member of organization
(2) For the purposes of paragraph (1)(f), a permanent resident or a foreign national is deemed not to be a member of an organization if it is established that the permanent resident or foreign national:

(a) was required to fulfill a mandatory service period with the organization;

(b) did not remain with the organization for a period longer than the mandatory service period; and

(c) did not engage in acts referred to in paragraph (a), (b), (b.1) or (c) while with the organization."

2.      We respectfully ask that the Minister establish a specialized unit to address all issues relating to the inadmissibility of Iranians on security grounds, including cases under Section 34(1)(f) of the IRPA, as well as concerns involving violations of human or international rights. This unit should set clear and expedited processes for reconsidering cases where individuals were wrongfully deemed inadmissible due to mandatory conscription. The process should prioritize cases of involuntary conscription, ensuring that individuals are not unfairly penalized for circumstances beyond their control.

3.      We respectfully ask that the Minister create a clear and expedited process for granting ministerial relief under Section 42.1(1) of the IRPA for individuals found inadmissible solely due to mandatory conscription into the IRGC. This process should be administered by the specialized unit referenced above, ensuring fairness and alleviating significant hardship among affected Iranian-Canadian families who were conscripted against their will.

4.      We respectfully ask for fair and timely processing of permanent residency applications for Iranian nationals, addressing the extended delays experienced by many applicants while upholding Canada’s security standards. This should include:

·        Transparent communication, including regular updates on application status and delays.

·        Establishing clear deadlines for security checks to provide applicants with greater certainty.

We respectfully ask for your immediate attention to these matters to prevent further unnecessary suffering and to restore hope and dignity to affected families.