498

CRSASFC
Secret with attachment

SECRET with attachment

INADMISSIBILITY ASSESSMENT (34 (1)(f) of the IRPA)
FROM:

NSSD / WOODSTOCK

TO:

Manager, CIC Scarborough

Attention: Marie Couracos
Supervisor, CBSA, GTEC
Attention: Russell Gregory

DATE:

17/JULY/20 13

CIC FILE:

3708-54941842

CBSA FILE: CA2O1O-2484054

SUBJECT:

(KANTHASAMYJYAR) Pirabakaran / DOB: 21MAR1976 / MALE / FOSS ID 54941842/COB: SriLanka/C1T: SriLanka

Executive Summary

1. (13) Mr. KANTHASAMYJYAR (herein referred to as the applicant) claimed refugee status in Canada
on January 13, 2005. A security screening request was received on January 10, 2012 by the National
Security Screening Division (NSSD).
2. (B) The applicant was a priest at the Canada Kandasamy Temple (CKT) that is controlled by the World
Tamil Movement (WTM) and the WTM is a leading front organization for the Liberation Tigers of Tamil
Eelam (LTTE) an organization that has engaged, engages or will engage in terrorism
3. (B) The National Security Screening Division has completed the security screening of the applicant. It
is assessed that there are reasonable grounds to believe that the applicant is inadmissible to Canada
pursuant to paragraph 34(1)(f) of the Immigration and Refugee Protection Act (IRPA) for his membership
in the LTTE.

The information throughout this report will be labelled in accordance with the following:
(U)
(B)
(S)

Refers to Unclassified information

Refers to Protected B information
Refers to Secret information

Canada noder
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Law
constitute inadmissibility under sections 34 to 37
Pursuant to section 33 of the IRPA, the facts that
rwise provided, include facts for which there are
include facts arising from omissions and, unless othe
of
rred, are occurring or may occur. The threshold
reasonable grounds to believe that they have occu
v.
.
esera
Mug
in
by the Supreme Court of Canada
reasonable grounds to believe has been confirmed
5] 2 S.C.R.100, at paragraph 114.
Canada (Minister of Citizenship and Immigration), [200
missible on security grounds for
34(1) A permanent resident or a foreign national is inad
subversion against a democratic government,
(a) engaging in an act of espionage or an act of
da;
institution or process as they are understood in Cana
any government;
of
(b) engaging in or instigating the subversion by force
(c) engaging in terrorism;
(d) being a danger to the security of Canada;
da;
might endanger the lives or safety of persons in Cana
(e) engaging in acts of violence that would or
or
has
are reasonable grounds to believe engages,
(1) being a member of an organization that there
graph (a), (b), or (c).
engaged, or will engage in acts referred to in para
Applicant-Specific Information
r
d and educated to be a priest. He and his olde
According to the applicants PIF, he was raise
the
of
ber
mem
a
applicant claimed he was not
brothers were pressured to join the LTTE. The
LTTE, filling sand bags and digging bunkers. At
LITE but that he was forced to work for the
from the river beds and building materials from
times he was taken in their trucks to bring sand
applicant to work in their political office to teach
shops. In February 2002, the LTTE ordered the
n programs to youths who were working in the
basic computer skills as well as computer desig
Tiger offices.
mbo where a family arranged for an agent to
On December 26, 2004, the applicant fled to Colo
YTYAR arrived in Canada, be stayed with his
help him travel to Canada. Once Mr. KANTHASAM
d
t to a motel for three or four days. He then foun
uncle for one day and one night. He then spen
e he works fuiltime as a Hindu Priest.
work at the Canada Kanthaswamy Temple wher

(B)

(B)

Topic-Specific Information
Liberation Tigers of Tamil Eelam (LTTE)
), as a
on April 8, 2006 (reviewed December 22, 2010
(0) The Government of Canada listed the LTTE
LTTE
the
of
provides the following name variations
terrorist entity. The Public Safety Canada website
including:
Is

Canada Border
Services Agency

AgenOs des servIces

frontaliers du Canada

ana a

Pae2of 10

500

Secret with attachment

The Tamil Tigers, the Bellalan Force, the Ellalan Force, the Tiger Movement, the Sangilian Force, the Air
Tigers, the Black Tigers (Karum Puligal), the Sea Tigers, the Tiger Organization Security Intelligence
Service (TOSIS), the Womens Combat Force of Liberation Tigers (WCFLT))
(U) The LTTE was an ethnic nationalist group based out of Sri Lanka. The organizations primary goal was
the creation of an autonomous Tamil state in north-eastern Sri Lanka. Formed in 1974, the group initially
Tigers. It subsequently adopted the name Liberation Tigers of Tamil Eelam in
called itself the Tamil New 2
Prabhakaran. The group formed during a period of tension in Sri
1976, under the leadership of Velupilai 3
Lanka between the dominant Sinhalese ethnic group and the minority Tamils, exacerbated by government
interests.
policies which favoured Sinhalese over Tamil 4
referred to
(U) During its long campaign against the Sri Lankan government, the organization, also commonly
military
conventional
a
as
well
as
as the Tarnil Tigers, has operated as both a covert guerrilla movement
north-eastern
of
sections
large
5 In the height of its effectiveness, the group controlled and administered
force.
000.6 In addition to its ground forces, the
Sri Lanka, and had a fighting force of between 8000 and 10
Tigers). The
7
organization also possessed an effective navy (the Sea Tigers) and a small air force (the Air
These suicide
Tamil Tigers also gained international notoriety for their suicide units, the Black Tigers.
for the
bombers were used effectively against Sri Lankan military and civilian targets and were responsible
Prime
Ghandi,
Rajiv
and
Premadasa
Ranasinghe
assassination of two world leaders, Sri Lankan President
8
Velupillai
charismatic
the
by
Minister of India. Until his death in 2009, the group was controlled
commanders.
Prabhakaran, who administered the organization through a hierarchy of district and regional 9
its existence. The
(U) The LTTE conducted numerous attacks against military and civilian targets throughout
Incidents
Worldwide
the
while
group,
the
by
Global Terrorism Database lists 1184 incidents perpetrated
egregious
more
the
of

Some
zation.
organi
0
Tracking Systems contains 604 acts of terrorism involving the
Mayor of Jaffna in
examples of terrorism perpetrated by the Tamil Tigers include the assassination of the
a village that killed
on
attack
1975; an attack on a Buddhist sanctuary in 1985 that killed 146 civilians; a 1990
60 people and
killed
127 civilians; an attack against Sri Lankas central bank using a truck bomb in 1996 that
kamikaze-style
injured 1400; the use of suicide bombers against civilians to disrupt elections in 2000; and a

Public Safety Canada, Currently listed entities (05 July 2011). <http:llwww.publicsafety.gc.ca>
Tigers of Tamil Eelam.
2
Tigers of Tamil Eelam L7TEJ. In Janes World Insurgency and Terrorism.

119 August 20111, Liberation

(accessed July 16, 2013).

Bruce Hoffman, Inside Terrorism. (New York: Columbia University Press, 2006) 136-145.
Janes, Liberation Tigers of Tamil Eel.am.
Janes, Liberation Tigers of Tarnil &iam,
Terrorism 2001.
ianes, Liberation Tigers of Tarnil Eelam; U.S. Department of State, Patterns of Global
6
2013).
16,
July
(accessed
http:1/www.state.govIjlciirlsJcrtI200lI
Janes, Liberation Tigers of Tamil Lelam.
7
Hoffman, Inside Terrorism, 144.
janes, Liberation Tigers of Tamil Eelam.
9
Worldwide Incidents Tracking System.

Global Terrorism Database. httpi/www.starLumd.edulgtd/ (accessed March 24, 2010).

July 16, 2013).
(accessed
-systern
jdents-trackin
orldwide-inc
http:llwww.trackingterrorism.or/resource/us-nctc-w
1*1
I
--4

Canada norder
Services Agency

A9ence des serv,ces

irontahers du Canada

JJia

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suicide attack in 2009 using explosive-laden airplanes to crash into Sri Lankas central tax office, killing two
and injuring 4511
(U) The LTTE was defeated militarily in 2009 during a campaign by the Sri Lankan armed forces. The
groups long-time leader Velupillai Prabhakaran was killed during the assault. While the defeat signified the
end of the Tarnil Tigers large-scale insurgency operations in Sri Lanka, the consensus among authoritative
observers of the conflict has been that a return to low-intensity guerrilla and terrorist operations cannot be
ruled out.
2 Selvarasa Pathmanathan (also known as Kumaran Pathmanathan or KP), the groups last
surviving senior leader, was arrested in Malaysia in August 20O9.
(U) Surviving units of the organization likely exist in Sri Lanka, and observers have suggested that remnants
4 However, it is currently
of the groups shipping network have been used to transport members of the LTTE
15 However, it should
unclear whether the LTTE as an organization remains operational in any real capacity.
be noted that there have been multiple arrests made recently and explosives discovered by the Sri Lankan
6 Moreover, it
authorities since May 2009 that could indicate a continued militant presence in the country.
the question as to
raising
dollars
billon
two
to
one
from
have
anywhere
has been estimated that LTTE coffers
7
what use these funds will be put to in the future.
LTTEI involvement in Canada and other Western countries
(U) Although the Tamil Tigers guerrilla operations were generally limited to the island of Sri Lanka and its
surrounding waters, the group has also constructed a vast international support network to finance and
propagandize its operations. This network operates through the support of the sizable Tamil diaspora
19 Diaspora
communities that reside in wealthy nations such as Canada, the United Kingdom and Australia.
each
year.
The majority of
million
US
estimated
$200
an
with
organization
the
contributions supplied
provide funds
many
e
and
independenc
cause
of
the
of
diaspora Tamils are estimated to be supportive
Barbara Crossette, Fearsome Foe Emerges in Sri Lanka, New York Times. August 11, i986; Rone Tempest, Massacre That
Woke Everybody Up Helped Bring Truce in Sri Lanka, Los Angeles Times, June 21, 1985; Chris Morris, 160 Killed in Ethnic
Strife, The Guardian (London), August 13, 1990; John Stackhouse, Colombo Bomb Blast Kills 55 Rebels Appear to Reopen
Ugly Front, Globe and Mail, February 1, 1996; Reuters, Sri Lankas Tamil Rebels Seek to Disrupt Poll, October 8, 2000; B.
Muralidhar Reddy, Aircraft Were On Suicide Mission: LTTE, The Hindu (Chennai, lndia),Febniary 21, 2009.
u Janes, Liberation Tigers of Tamil Eelam; Oxford Analytica, Sri Lanka: Radical Diaspora Could Back New Violence, July 20,
2009. http:/lwww.reliefweb.intlrw/rwb.nsf/db900sidIVDUXce
7U50D4?OpenDocument&guery=SRI%2OLANKA:%2oRadical%2odiaspora%2Ocould%20back%20new%20violen (accessed
Julyl6,2013); Economist Intelligence Unit, Sri Lanka: Country outlook, September 1, 2009.
Janes, Liberation Tigers of Tamil Eelanz
3

Janes, Liberation Tigers of Tamil Eelam; Cohn Freeze, Ships of Fleeing Tamils Stir Fear of Hidden Tigers, Globe and Mail,
14
October 23, 2009.
Janes, Liberation Tigers of Tamil Eelam.
5

16
Plastic filled with C4 found under a Culvert, Plus News Pakistan, 29 September 2009. See also, Sri Lanka Army arrest LTTE
Sniper Unit Leader, Plus News Pakistan, 29 September 2009. See also, Three LTTE female suicide bombers arrested in Sri
Lanka, Plus News Pakistan, 29 September 2009, See also, Tiger nabbed with Suicide jacket, Daily News (Sri Lanka), 25
September2009.
Besseling, Toronto Eelam October 2009, Colombo Times, 27 September 2009.
ianes, Liberation Tigers of Tamil Eelam.
t

Sarah Wayland, Ethnoaationalist Networks and Transnational opportunities: The Sri Lankan Tamil Diaspora, Review of
1n4ernational Studies 30, no. 3 (2004) 418-419.

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voluntarily. However, organizations connected with the Tamil Tigers have also
20
from members of the Tamil community abroad by using threats of violence.

Secret with attachment

extracted financial support

World Tamil Movement

(U) The World Tamil Movement is the leading front organization for the Liberation Tigers of Tamil Eelam in
21
Canada.
(U) Some of the best documented examples of intimidation of diaspora Tamils have been drawn from the
activities of the World Tamil Movement, a Canadian organization. Founded in 1986, the organizations stated
mandate was to serve the ethnic Tamil community, lobby governments, and raise money for charitable
22 Spokespersons for the World
organizations serving the Sri Lankan Tamils, particularly destitute refugees.
Tamil Movement have denied collecting money on behalf of the LTTE. However, this claim has been
explicitly contradicted by numerous testimonies collected by Human Rights Watch, a respected non-profit
human rights organization. According to testimony from Canadian Tamils, members of the World Tamil
Movement have in some instances stated explicitly that they were seeking financial support on behalf of
LTTE and that the money was needed to support the war effort against the Sri Lankan government. Members
of the Canadian Tamil community have been pressured to commit money to the LTTE during visits to Sri
Lanka and have then faced pressure by representatives of the World Tamil Movement upon their return to
23 The World Tamil Movement was listed as a terrorist entity by the
Canada to provide these funds.
2008.24
Government of Canada for the purpose of Part 11.1 of the Criminal Code of Canada on June 13,
Canada Kanthaswamv Temple
(U) The CKT at Birchmount Road in Toronto is the only publicly administered Hindu Temple of the
Canadian Tamils. The WTM took forcible control of the CKT. This temple with many facilities for public
functions has become a cash cow for the LTTE and continues to function as one even now. The premises are
also used indiscriminately for the LITE and WTM propaganda and other meetings overlooking the fact that it
25
is a place of worship.
Analysis:
(U) According to paragraph 34(1 )(f), it is irrelevant whether the individual personally engages, has engaged
or will engage, in acts referred to in paragraph 34(1)(a), (b), and/or (c). What matters is that the organization

20

International Crisis Group, The Sri Lankan Tamil Diaspora after the LTTE, February 23, 2010.

(accessed July 16, 2013).

http;j/www.pubiicsafety.gc.ca/medja/nr/.2008/nr200806 16-cog. asox

Stewart Bell, Ottawa Outlaws Tamil Group; First Non-Profit

to be Placed on Terror List, National Post, June 17, 2008.

and Extortion in the Tamil Diaspora, March 14, 2006.
Intimidation
LTTE
War:
Human Rights Watch, Funding the Final
<http:llwww.hrw.org/en/reports/2006/03114/funding-final-war-2> (accessed July 12, 2010).
24
Public Safety Canada. Currently Listed Entities, <http:Uwww.yublicsafety.c.caJprg/ns/1e/cle-enLaspx> (accessed July 12,
2010).

22

25

httn:llwww.dailynews.IkI20O6lO7l26Ifea03.as (see source annex)

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Services AgecCy

Ager,ce des services

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falls within the ambit of paragraph 34(1)(a),(b) and/or (c), and that the individual is a member of that
organization. In Suresh, [2002] the Supreme Court found that
terrorism in s. 19 of the Act includes any act intended to cause death or bodily injury to a civilian or to
any other person not taking an active part in the hostilities in a situation of armed conflict, when the
purpose of such act, by its very nature or context, is to intimidate a population, or to compel a government
2
or an international organization to do or abstain from doing any act.
(U) The Criminal Code defines terrorism as an offence
(i) that is committed
(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with
regard to its security, including its economic security, or compelling a person, a government or a
domestic or an international organization to do or to refrain from doing any act, whether the public
or the person, government or organization is inside or outside Canada, and
(ii) that intentionally
(A) causes death or serious bodily harm to a person by the use of violence,

(B) endangers a persons life,

(C) causes a serious risk to the health or safety of the public or any segment of the public,
(D) causes substantial property damage, whether to public or private property, if causing such
damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
(B) causes serious interference with or serious disruption of an essential service, facility or system,
whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work
that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after
the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an
act or omission that is committed during an armed conflict and that, at the time and in the place of its
commission, is in accordance with customary international law or conventional international law applicable
to the conflict, or the activities undertaken by military forces of a state in the exercise of their official
duties, to the extent that those activities are governed by other rules of international law.
(U) As stated above, the LTTE has been designated as a terrorist organization by the Government of Canada,
and has committed various acts of terrorism throughout its existence as described in the background of this
assessment. These acts of terrorism would appear to fit the criteria laid out in Suresh and the Criminal Code
in that they attacked numerous targets, including civilians, for political reasons with the aim of compelling the
Sri Lankan government to cease its claim to certain territory in northeastern Sri Lanka. Therefore, the
organization falls within the ambit of paragraph 34(1 )(c).

Suresh v. Canada (Minister of Ci!izenship and Immigration), [2002) 1 S.C.R.3, 2002 SCC 1.
26

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(B) While the applicant does not claim to be a member of the LTTE, be has stated that he worked as a Hindu
Priest at the Canada Kandasamy Temple (CKT). Open sources reveal that the World Tarnil Movement
(WTM) took forcible control of the CKT and the WTM is a front organization for the LTTE. It is an
organization that has collected money on behalf of the LTTE in order to support the war effort against the Sri
Larikan Government. The World Tamil Movement was listed by the Government of Canada as a terrorist
group effective June 13, 2008.27
(B) Next, it must be established whether the membership requirement of 34(1)(f) is met in this case.

(U) In Suresh v. Canada (Minister of Citizenship and Immigration), Justice Teitelbaum stated that
Membership cannot and should not be narrowly interpreted when it involves the issue of Canadas national
security. Membership also does not only refer to persons who have engaged or who might engage in
terrorist activities.

(U) Therefore, the term member as it is used in paragraph 34(l)(f) of IRPA should be given a broad
interpretation (Kanendra v Canada (Minister of Citizenship and Immigration) (2005 F.C. 923)).
(U) in Suresh v. Canada (Minister of Citizenship and Immigration), Justice Teitelbaum stated that
On August 29, 1997, pursuant to s. 40.1(7), Teitelbaum J. upheld the reasonableness of the
security certificate, naming Mr. Suresh as inadmissible on these grounds. Specifically, Teitelbaum
3. found that the World Tamil Movement (the V/TM), of which Mr. Suresh was coordinator,
can be reasonably concluded is part of the LTTE [Liberation Tigers of Tamil Eelam]
organization or is, at the very least, an organization that strongly supports the activities of
the LTTE. Further, he stated that be was
satisfied that there are reasonable grounds to
believe the LTJE to have committed terrorist acts no matter how one would define terrorism
or terrorist act. In his decision of August 29, 1997, Teitelbaum J. indicated that he would issue
reasons at a later date, and they were issued two and one half months later.
...

(B) The applicant is working for the CKT, an organization controlled by the WTM and therefore would be
considered a member of the LTTE, an organization engaged in terrorism, for the purposes of paragraph
34(l)(f).
Analysis
Engaging in terrorism
83.01 (1)
terrorist activity means

27

http:!/www,publicsafety.gc.calmedialnr/20081nr20080616.-en2.aspx

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one of the
Canada,
is
in
if
committed
(a) an act or omission that is committed in or outside Canada and that,

following offences:
(iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including Diplomolic Agents, adopted
by the General Assembly of the United Nations on December 14, 1973,
(ix) the offences referred to in subsection 7(3.7 2) that implement the International Convention for the
Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December
15, 1997, and
(x) the offences referred to in subsection 7(3.73) that implement the International Convention for the
Suppression ofthe Financing of Terrorism, adopted by the General Assembly of the United Nations on
December 9, 1999, or
(b) an act or omission, in or outside Canada,

(i) that is committed

(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and
(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard
to its security, including its economic security, or compelling a person, a government or a domestic or
an international organization to do or to refrain from doing any act, whether the public or the
person, government or organization is inside or outside Canada, and
(ii) that intentionally

(A) causes death or serious bodily harm to a person by the use of violence,
(B) endangers a persons life,
(C) causes a serious risk to the health or safety of the public or any segment of the public,
(D) causes substantial property damage, whether to public or private property, if causing such
damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or
(B) causes serious interference with or serious disruption of an essential service, facility or system,
whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is
not intended to result in the conduct or harm referred to in any of clauses (A) to (C),
and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory
after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not
include an act or omission that is committed during an armed conflict and that, at the time and in the place
of its commission, is in accordance with customary international law or conventional international law
applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their
official duties, to the extent that those activities are governed by other rules of international law. (U)
(U)

As described above, the LTTE has engaged in terrorist activities in order to achieve its goals.

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(B)

There are therefore reasonable grounds to believe that the LTTE is an organization that has engaged,
engages or will engage in terrorism as understood in Canadian jurisprudence as well as under the
Criminal Code of Canada.

Membership
(B)

According to paragraph 34(1)(f), it is irrelevant whether the individual personally engages, has
engaged or will engage, in acts referred to in paragraph 34(1)(a), (b), or (c). What matters is that the
organization falls within the ambit of paragraph 34(l)(a), (b) or (c), and that the individual is a
member of that organization.

(B)

In the case of the applicant, he never admitted that he was a member of the LTTE; however, the
applicant is a priest at the Canada Kandasamy Temple. The World Tamil Movement took forcible
28
control of the temple and the temple has become a cash cow for the LTTE. The WTM is a leading
front organization for the LTTE. As highlighted above, the LTTE is an organization that has engaged
in terrorist activities in order to achieve its goals. When considering the above, there are reasonable
grounds to believe that the applicant was a member of an organization that has engaged in terrorism
and is therefore inadmissible to Canada pursuant to paragraph 34(1)(f) of the IRPA.

Recommendation
(B) The National Security Screening Division (NSSD) recommends that there are reasonable grounds to
believe that the applicant is inadmissible pursuant to paragraph 34(1 )(f) of, the IRPA at this time. The
decision of whether the subject is inadmissible rests solely with the decision-maker. We trust that the
information provided will be of assistance in your decision-making process.
(U)

should the applicant be issued an immigrant visa, it is essential that the decision-maker advise our office
of any favourable decision made with respect to the application for permanent residence
(U) Please do not hesitate to contact us should you require additional information or assistance.

Security Screening and Intelligence Analysis Section (SSIA)

Outlook: CB SA-ASFC_Intell_PermResRef_Screen_SSIA-Rensjilt_ResPermRefARES
SMTP: SSIA-ARES@cbsa-asfc.gc.ca

This document constitutes a record which may be exempt from disclosure under the Access to Information Act or
the Privacy Act. The information or intelligence may also be protected by the provisions of the Canada Evidence
hur://www.dailynews.Ik/2006/07126/feaO3.asp (see source annex)

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Act. The information or intelligence must not be disclosed or used as evidence without prkr consultation with the
Canada Border Services Agency (CBSA). Classified information contained within this document cannot be
disclosed to outside parties.
This document is the property of the CBSA. It is loaned to your agency I department in confidence, for internal use
only. It must not be reclassified or disseminated, in whole or in part, without the consent of the originator.
rce Annex:

(B) Person Information Form for Pirabakaran KANTHASAMYIYAR

Information regarding the Permanent Residence application of Mr.

(S) CSIS. Security Advice
Pirabakaran KANTHASAMYIYAR. December 13, 2011. (Please note that the attached CSIS brief is
outdated; however, we received an updated CSIS brief dated December 13, 2011 and

(U) Open Source Information

Cannde Bordr
Sarc Ag.ncy

Aence d.s .,w$o

1rarn dii Cnda

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C
SECRET

March 23, 2010

Mr. Brett Bush

Manager
Counter Terrorism Section
Enforcement Branch
National Security Division
Intelligence Directorate
Canada Border Services Agency

YOUR:
OUR:
SSRN:

549418-42-02
280045471

Dear Mr. Bush:

1.
The following concerns Pirabakaran KMTHASN4YIYAR, born March 21, 1976 in Thunnalai,
Mr. ICMTITh.SAMYIYAR currently resides in Scarborough, Ontario and has applied for
Sri Lanka.
permanent residence in Canada.

I
the Li__tion i
that has engaged in terrorism.

ASAMY1AR was a member of

Mr.
_.il Movement (WTM), an organization

3.
On his Personal Information Form (PIF) narrative dated February 9, 2005, Mr.
KANTHASAMYIYAR stated the following

information:
a)

Mr. K THASN4Y1YM. was raised and educated to be a priest, like his father. He
They did not exempt
and his older brothers were pressured to join the LTTE.
Mr. KANTHASAIIYIYARs father paid a lot of money and
priests from joining them.
jewelry to the Tigers to persuade them not to take Mr. ICANTHASAMYIYAR or his
brothers.
Iia family also contributed food parcels., fearing reprisals for not
contributing a son to their movement.

b)

While they
In October 1990, Mx. KNTHASAMYIYAR and his family fled their home.
were gone, the LTTE occupied Mr. KANTKSAMYIYARs house and used it as a camp.
One of the bombs went off and 14
The LTTE manufactured bombs in the house.
Tigers died.
The Army were under the impression that Mr. KANTHAS?MYIYAR$
family had willingly given their house to the Tigers, so his family fled to a
LTTE controlled area.

a)

Mr. KANTHASANYIYAR was required to work for the LTTE, filling sand bags and
At times he was taken in their trucks to bring sand from river
digging bunkers.
beds and building materials from shops.

d)

In. January 1997, Mr. KANTHASAMYIYAR was arrested with his father by the Army and
the Police.
They were taken from their home to the Chunnakam Police station,
where they spent two days, after whIch time they were transferred to the palaly
army camp and detained for three weeks.

e)

Mr. KI4NTHASAMYIYAR was arrested again by the Army in October 1998 and taken to
the Chunnakam Army camp.
In November 2001, he was arrested a third time but was
released after two days upon payment of a bribe.

509

In February 2002, the LTTE ordered Mr. KANTHASAMYIYAR to work in their political
off ice to teach computer design programs to youths on account of his computer
His class focussed on helping youths with computer
and English knowledge
design so they could then design the images on LTTE phone cards.

f)

In late 2004, Mr. KANTHASAMYIYAR was pressured to go to Vanni to do voluntary

He could not reject this demand,
work helping the displaced Tarnil people.
though he did not want to go, fearing he would be forced to become a militant.
Mr. KANTHASAMYIYAR made up excuses to stall them however, the LTTE said that if
he did not volunteer soon, they would kill him or take his sister.

g)

h)

On December 26, 2004, the day of

Mr. KANTHASAMYIYAR decided to flee Sri Lanka.
the Tsunami disaster, he escaped and went to Colombo where he stayed at a
This family arranged for an agent to help Mr.
neighbours relatives house.
They also promised to cover the entire cost of
KANTHASAMYIYAR travel to Canada.
his travel or get his father to pay or contribute payment.

i)

The agent provided Mr. KANTHASAMYIYAR with a Sri Lankan passport with a forged
On the flight to Switzerland, the agent took away the Sri Lankan
Swiss visa.
The agent also provided Mr.
passport and replaced it with a Canadian passport.
KANTHASANYIYAR with an Ontario drivers license with his photo, an OHIP card and
some department store credit cards.

On his Application for Permanent Residence

KANTHASANYIYAR indicated the following
information:
4.

(1MM 5202)

dated February 14,

KANTHASAMYIYAR arrived in Canada on January 13,

2006,

Mr.

2005.

a)

Mr.

b)

He listed his employment as volunteer priest at the Canada Kanthaswamy Temple

(CKT) in Scarborough, Ontario from January 2005 until January 2006, and
priest, also at the CKT, from January 2006 to present.

The Service interviewed Mr. KANTHASAMYIYAR at the offices of Citizenship and

5.
Immigration Canada (dC), Toronto Central, on April 8, 2008 when the following information
was provided (May be used by officials of your department for additional dealings with
(MUWCfl:

Client

a)

Mr. KANTHASANYIYAR has an uncle who is a Hindu Priest at the Siva Vishnu Temple
When Mr. K1UTHASAMYIYAR arrived in Canada he stayed with his uncle
in Toronto.
Mr.
He then went to a motel for three or four days.
for one day and one night,
KANTHASAMYIVAR asked Tamil people he found in shops where he could contact a
Hindu Temple to find work as a priest and was directed to the CKT. (MVWC)

b)

At the CKT, Mr. KANTHASAMYIYAR found

him through people at the temple.
He works full time as a
at the CKT.
day, seven days a week and is at the

c)

Mr. KANTHASAMYIYAP. stated that he travelled to Singapore to be married in the

Mr. KANTHASAIIYIYAR reported that on this trip, he took side
summer of 2007.
trips to Malaysia, Germany and Switzerland, without his new wife, for which the
expenses incurred were paid for by the CKT. (MLJWC)

d)

Mr. KANTHASAMYIYAR was in possession of a complete set of Canadian

identification in the name of Mahinathan SANMUGALINGAM when he entered Canada at
the Pearson International Airport (PIA), including an Ontario Drivers licence.
(MUWC)

work, and living arrangements were made f or

Mr. KANTHASAMYIYAR continues to be employed
Hindu Priest; he offers six poojahs per
(MUWC)
Temple all day, everyday.

510
e)

Mr. KANTHASINYIYAR stated he was forced to help the LTrE on different occasions.
He provided several examples of being taken to dig bunkers or fill sand bags.
However, for each example, Mr. ICANTHASANYIYAR was unable to provide specific
In one
details of what happened or when, stating that he could not remember.
example, Mr. KA17TRSAj4YIyAR said he was taken from Jaffna College possibly in
1992 when he was 19 or 20 years old. (MUWC)

f)

Mr. KMTTHASANYIYAR was then asked on several occasions if he was forced by the
At that point
LTTE to do any other tasks and he consistently said he was not.
in the iiiterview, the only thing he said he was forced to do was dig bunkers and
fill sand bags. (ZWWC)

g)

YIYAR was queried with regards to the statement he

Following this, Mr. KANT
made on his PIP about teaching computer courses for the LTTE, to which he
admitted that he had in fact taught a computer course at LTTE offices one or two
days a week for about six months in 2004. The LTTE would drive him to the
office to teach the course. (MUWC)

h)

Mr. XANTHASAHYIYAR indicated that he was arrested on two occasions by the SLP.
and taken to the hunnakam army camp and held for two or three days. The only
group that arrested the subject was the SLA with what he described as other
When asked what other movement he was speaking of,
movement people.
Mr. K THASAMYIYAI related the EPRLF but he did not know what the acronym
When asked to describe the Chunnakam army camp the Only description
stood for.
he could give was that there was barb wire high up. (MtJWC)

1)

Mr. KANTHASAMYIYAR related that his family was forced to give food packets to
the LTTE but his brothers were not bothered by the LTrE to work becaue they
When jt was pointed out to Mr. KANTHASAMYTYAR that in his
were Hindu priests.
PIP narrative he stated that he and his brothers were pressured to join, and
that the LTTE did not exempt priests from joining them, Mr. KANTHASAMYIYAR could
not explain the discrepancy and said that the statement he had provided at his
Service interview was wrong. (MUwC)

j)

Mr. KANTHASAMYIYAR denied ever belonging to the LTTE / WTM and also denied
having any knowledge of the LTTE / WTM in Toronto or of any fundraising efforts
on their behalf at the CKT. (KElP/C)

511
4

interview
__..._-.....)iRS responses during his Apr
Mr. KANTHASANYIYAR
cted with statements made in his PIP narrative.
incons stent and
demonstrated a lack of knowledge regarding his PIP statements and when queried about it, he
furthered that some of his previous statements made during his Service interview were wrong.
Upon his arrival to Canada on January 13, 2005, Mr. KANTRASAMYIYA had with him a complete
set of Canadian identification, including an Ontario drivers licence, an 0111? card and some
department store credit cards which were in the name of the above noted individual
Although he came to Canada as a refugee, the amount of fraudulent
(paragraph # 5.d).
documentation in his possession is cause for concern.

9.
Statements and admissions made by Mr. KANThASANYIYAR during the April, 2008, interview
with the Service may be used by officials of your department for additional dealings with
Mr. KANTHASAMYIThR only.
from the issuance date of this
Service findings are valid for
10.
Should an update be required, a request along with changes to the Application for
document.
Permanent Residence form should be sent to the Service.
This document constitutes a record which may be subject to mandatory exemption under the
The information or intelligence may also be
Access Cc Information Act or the Privacy Act.
The information or intelligence
Act.
Bvidence
Canada
protected by the provisions of the
must not be disclosed or used as evidence without prior consultation with the Canadian
Security Intelligence Service.
Canadian Security Intelligence Service
P.O. Box 9732
Ottawa Postal Terminal
Ottawa, Ontario K1G 4G4
Attn: Access ,and Privacy Coordinator
Te1 (613) 231-0107
This document is the property of the Canadian Security Intelligence Service. It is loaned to
your agency / department in confidence, for internal use only. It must not be reclassified
If you are
or disseminated, in whole or in part, without the consent of the originator.
subject to freedom of information or

512
other laws which do not allow you to protect this information from disclosure, notify CSIS
immediately and return the document..
This document is the property of the Canadian Security Intelligence Service and may
constitute special operational informationu as defined in the Security of Information Act.
Yours sincerely,

Security Screening Branch

Canadian Security Intelligence Service