What is IRPA s.35?

IRPA s.35 declares a foreign national or permanent resident inadmissible for human rights violations. Specifically:

• (a) Committing an act outside Canada that constitutes an offence under sections 4-7 of the Crimes Against Humanity and War Crimes Act (war crimes, crimes against humanity, genocide)
• (b) Being a senior official in a government designated by the Minister as engaging in or having engaged in terrorism, systematic or gross human rights violations, or genocide
• (c) Being a person whose entry is restricted under sanctions or international agreements

Designated regimes

Section 35(b) is the most-encountered sub-section. Canada has designated several regimes — applicants who held senior official roles in those regimes are inadmissible regardless of personal involvement in specific acts. Designated regimes have included the former regimes of Iraq (Saddam Hussein), Iran (current), Libya, certain African states, and others. Check the current designation list.

What "senior official" means

The threshold is fact-driven. Cabinet ministers, deputy ministers, generals, ambassadors, senior intelligence officers, and similar roles typically qualify. Mid-level civil servants generally don't. Courts have ruled on this many times — your specific role and seniority matter.

Ministerial relief

Like s.34, ministerial relief under s.42.1 is available — but the bar is high.

What to do if s.35 is alleged

Get specialized representation immediately. These cases require lawyer-led Federal Court litigation if relief is required. Halani co-counsels with experienced lawyers on s.35 cases.