Applicants' personal information to be released to foreign governments

Immigration Minister Jason Kenney and his officials at Citizenship and Immigration Canada are making a mockery of Canada’s privacy laws by forcing foreign nationals, and possibly permanent residents, to agree to the release of their personal information to any and all foreign governments.

Last week, immigration lawyers discovered that the form used by foreign nationals for an extension of their stay in Canada (Form IMM1249) contains some new and disturbing language.

The new form readily acknowledges that by virtue of Canada’s Privacy Act “individuals have the right to protection of and access to their personal information.” Nonetheless, the form declares that the applicant’s personal information may be shared not only with the CBSA, the RCMP and CSIS but also with any “foreign governments.”

The applicant is required to agree that they are “not obliged to consent” to the release of the information, but they must acknowledge that “failure to do so will mean that the request will not be processed.”

This seems to be a violation of the Immigration and Refugee Protection Act which states that an officer “shall” extend the status of a foreign national in Canada if the officer feels that the applicant continues to meet the requirements for temporary status here. There is no requirement found in IRPA for the consent that is now being demanded. In any event, since this “consent” cannot be refused, it can hardly be called a “consent” at all.