Dear Mr Brown:

I received a refusal for a Canadian work permit. The reason given for the refusal was based on a deportation from the United States in 1996 for overstaying on my visitor’s visa. I think it is unfair because I was not deported. The matter was before the courts, and I decided to leave voluntarily during the process while the case was pending. I think there is a complete lack of privacy and relaying of information without giving me the chance to respond. Doesn’t Canada and the US respect people’s rights?

— NJ

Dear NJ:

I cannot advise you about the merits of an appeal or review without additional information. However, I can briefly explain privacy laws and the sharing of information between Canada and the United States.

Purpose of sharing information

The purpose of information-sharing is to support the effective administration and enforcement of Canada’s citizenship and immigration programmes. More specifically, it is an important aspect of dealing with matters, such as:

* Authorisation to enter into Canada;

* Criminality;

* Public safety, security and health;

* The selection of foreign nationals;

* The issuance of visas;

* The protection of refugees;

* The global movement of people; and

* Combating international terrorism, war crimes, crimes against humanity and organised crime.

The right to privacy

Canada is a signatory of the United Nations (UN) International Covenant on Civil and Political Rights (March 1976), which provides a basis for Canadian privacy legislation governing the sharing of personal information.

It is upheld that no one shall be subjected to arbitrary or unlawful interference with privacy. A fundamental premise of these values and principles is that personal information shall not be shared with third parties without the consent of the individual to whom the information relates, which can infringe on the personal rights, freedoms and liberties.

There are also a number of exceptions that allow government agencies to use personal information, without the individual’s consent, in order to efficiently administer programmes, enforce the law, protect the safety of Canada and contribute to international peace and good order. As such, it is necessary to balance the requirements for government efficiency with privacy, and to facilitate the sharing of data for research and statistical purposes.

Values for sharing personal information

The following principles guide the sharing and use of personal information:

* Personal information should be obtained only if it relates directly to an operating programme or activity of the collecting institution.

* Personal information should be obtained fairly and lawfully.

* Personal information should be obtained from the individual.

* Personal information should be used only for the original specified purpose for which it was obtained.

* Personal information should be adequate, relevant and not excessive to the original purpose for which it was obtained.

* When used for administrative purposes, personal information should be reasonably accurate and up to date.

* Personal information should be accessible to the subject.

* Personal information should be shared only with the subject’s consent.

* Personal information should be disposed of after its purpose is achieved and legal retention requirements are satisfied.

Legal exceptions

The Privacy Act addresses the legal methods by which personal information may be shared without the written consent of the individual concerned.

The Privacy Act includes provisions which allow personal information to be shared:

1. With a third party for a purpose for which the information was obtained or compiled, or for a use consistent with that purpose, that is, whether it would be reasonable for the individual who provided the information to expect that it would be used in the proposed manner.

2. On a written request of an investigative body for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed.

3. With provincial and foreign governments and international bodies for administering or enforcing any law or carrying out any lawful investigation when the sharing of personal information is carried out under the terms of an agreement or arrangement.

Statement of Mutual Understanding (SMU)

There is a SMU on Information Sharing among the Department of Citizenship and Immigration Canada (CIC), the US Immigration and Naturalisation Service (INS) and the US Department of State (DOS). This is to provide an information-sharing mechanism for Canadian and US officials responsible for the enforcement and administration of citizenship and immigration laws in their respective jurisdictions.

Information may be provided upon request, or proactively, when there are reasonable grounds to suspect that the information is necessary in order to:

* Administer or enforce Canadian or US citizenship and immigration laws;

* Prevent, investigate or punish conduct that would constitute a crime rendering a person inadmissible or removable under the citizenship or immigration laws of either Canada or the US;

* Facilitate the secure flow of people to Canada or the United States; and

* Use the information for statistical or research purposes, provided that such use does not identify persons.

Accordingly, pursuant to the rule of law, information is obtained and shared as part of the administration of immigration and enforcement of immigration law. It suffices to state that deportation is a relevant matter for consideration pertaining to the issuance of a visa and/or work permit.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.