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I call this meeting to order. Welcome to meeting number 116 of the House of Commons Standing Committee on Public Safety and National Security.
Before we begin, I would like to ask all members and other in-person participants to consult the cards on the table for guidelines to prevent audio feedback incidents. Please take note of the following preventative measures in place to protect the health and safety of all participants, including the interpreters. Use only black, approved earpieces. The former grey earpieces must no longer be used. Keep your earpiece away from the microphone at all times. When you're not using your earpiece, place it face down on the sticker placed on the table for this purpose. Thank you all for your co-operation.
Today's meeting is taking place in a hybrid format. To ensure that the meeting runs smoothly, I would like to make a few comments for the benefit of members. Please wait until I recognize you by name before speaking. For members in the room, please raise your hand if you wish to speak. For members on Zoom, please use the “raise hand” function. The committee clerk and I will manage the speaking order as well as we can, and we appreciate your understanding in this regard.
This is a reminder that all comments should be addressed through the chair.
Pursuant to Standing Order 108(2) and the motion adopted on August 13, the committee is meeting to study the review of the foiled terrorist plot in Toronto and of the security screening process for permanent residence and citizenship application.
I want to remind members that there is currently a section 517 publication ban in place. A section 517 publication ban prohibits the publication of any information, evidence or representations made at or in anticipation of a bail hearing. Any bail conditions, reasons of the bail court and any evidence or materials relied upon at the bail hearing are prohibited from disclosure.
I'd now like to welcome the witnesses. Appearing today, we have the Honourable Dominic LeBlanc, Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs.
Welcome, Minister.
From the Canada Border Services Agency, we have Ted Gallivan, executive vice-president, on behalf of the president. From the Canadian Security Intelligence Service, we have Vanessa Lloyd, interim director. From the Department of Public Safety and Emergency Preparedness, we have Shawn Tupper, deputy minister. From the Royal Canadian Mounted Police, we have Bryan Larkin, deputy commissioner, specialized policing services.
For the second hour, we will have a slight change in the witnesses.
I'd now like to invite the minister to make opening remarks.
Please go ahead, sir.
Good morning, colleagues. Thank you for being here this morning to discuss this important issue. Your chair has introduced my colleagues, senior officials who are joining me this morning. Some of us are old hands at this table, but Vanessa tells me that as our interim director of CSIS, it's her first time before this parliamentary committee.
Vanessa, welcome to this important part of our parliamentary democracy. Thank you for joining us.
As members are aware, the investigation and arrest of these individuals are the result of the efforts of Canada's national security, intelligence and law enforcement partners. At the very beginning, I would like to take the opportunity, as I have on other occasions, to commend the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Canada Border Services Agency and their partners, the Ontario Provincial Police, the Toronto regional police service, the York Regional Police, the Peel Regional Police and the Durham Regional Police Service for their outstanding work together on this important case. The arrest of these two individuals is a great example of outstanding police and intelligence work.
As new information became available, our national security partners acted quickly to keep Canadians safe. While I will gladly provide the committee with as much information as possible, of course, understanding Canadians' obvious interest in answers to these many questions, we must remember that we should have these discussions in a manner that does not impair the Crown's ability to prosecute these accused persons or the police services' ability to investigate any or all of these circumstances in their judgment if they deem it to be necessary to continue those investigations.
As I said, all Canadians deserve answers and transparency. That is precisely what all of us aim to provide today. This morning I submitted to the committee a chronology of events, in English and French, that was worked on by the security agencies represented with me at the table and, of course, by our Department of Immigration, Refugees and Citizenship colleagues as well.
Members will note that the chronology shows it was only in June of this year that CSIS became aware of the potential threat posed by these subjects. For greater precision, I was informed by CSIS on July 24 of this year, in a briefing where senior officials of the RCMP were also present, that CSIS had been assessing the threat from these individuals based on recent intelligence. Upon learning this information, CSIS took immediate measures to assess and obviously mitigate the threat.
I was assured of, and briefed on, the close surveillance of the threat, including at the appropriate time by members of the RCMP, who were positioned to act on any indicators—any indicators—of an escalating or imminent threat. As you know, these individuals were arrested on July 28 of this year and are now charged with nine serious offences, including terrorism-related offences, and are currently incarcerated, remanded into custody.
This is the way the investigative and national security system should work.
[Translation]
That said, an important question is how these people ended up in Canada.
Security screening is the first but not the only line of defence against actors seeking to enter or gain status in Canada in an attempt to harm our citizens or national interests.
A screening is done in three stages: before a person gets to Canada, at the border and sometimes once the person is in Canada.
Before someone travels to Canada, Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency and CSIS work closely together to conduct security screenings of foreign nationals.
Based on risk indicators, IRCC determines which applications require an enhanced security screening by the CBSA or CSIS. The two agencies use a variety of techniques and methodologies, and also rely on a robust network of international partners to carry out these assessments.
All people wishing to enter Canada are subjected to a CBSA screening, and they must prove that they meet the entry requirements.
Decisions are made based on the information available at the time of entry.
Officials in my department and at IRCC are in the process of reviewing the files of the two individuals to understand specifically what information was available at the time the decisions were made.
Once we have these facts, we will move quickly to make the necessary changes to strengthen the system, if need be.
[English]
What is important for Canadians to know is that our security services operate continuously, seeking out threats within Canada and threats that may come to us from abroad, and then they respond quickly and effectively. The fact that these two individuals are in jail and facing serious criminal charges reflects the outstanding work done by the RCMP and their partners.
Our government's broader counterterrorism efforts are designed to detect and prevent terrorism activities obviously at the earliest opportunity. Together with our security and law enforcement partners, our government will continue to prevent, detect, disrupt and respond to any suspected terrorism threats and activities and will hold accountable those persons who may seek to undertake such activities.
With that, Mr. Chair, thank you for your invitation.
I imagine most of you have missed me a lot over the summer. You must be very excited to see me. Looking at your smiling faces I can see that this is a very happy reunion, and I'm looking forward to our conversation that will follow.
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Mr. Caputo can repeat those phrases and those words. It doesn't make them true.
What you have here is a case where two individuals were arrested and are now in custody facing nine very serious criminal charges. This was a situation that could have presented a serious risk to the safety of Canadians. CSIS and the RCMP and other police partners did phenomenal work.
I am fortunate enough as the Minister of Public Safety, as I said, to be updated and briefed from time to time on some of these significant cases. That was the case for me on July 24. Four days later, these people were in police custody. I saw up close the very effective work that the RCMP, CSIS and others did. On the premise that somehow this person flew under the radar, this person was arrested, facing criminal charges and in jail before any risk was presented to Canadians.
That's exactly the kind of work that we rely on our police services, the RCMP and their partners, like CSIS, to do every day. I'm proud of that work.
Thank you, Minister, for being here today and for all your surrounding support.
Minister, it's obviously a red flag for Canada and our government and all Canadians, and it's reassuring to hear some of your remarks. I do take issue sometimes when the opposition members say that other international security agencies knew more than we did. Certainly I'm one to say I'm not really too worried about who knows what. As long as we foil the terrorist plot in this country, it doesn't matter. I'm glad the Five Eyes all work together, including Canada, in every regard.
Minister, our interest in the details in this case is obvious, but we also want to ensure procedural fairness for successful prosecution. Can you elaborate on the processes we're going to follow here, in layman's terms, so Canadians can understand how we're going to get to the end of this and ensure it never happens again?
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Mr. MacDonald, thank you for the question. Thank you for joining us, I hope, from the great province of Prince Edward Island this morning.
You're absolutely right. As my colleague the has said, and I have said the same thing, there needs to be a review of all of the steps surrounding this case, with the relevant dates, to understand exactly who knew what and when and whether changes or adjustments need to be made in terms of these screening protocols. The officials with me today are working on precisely that.
Our adversaries, threat actors who are seeking to do harm to Canada or to do harm to Canadians, are constantly evolving their measures and adjusting their measures. CSIS has talked about this publicly. Obviously the portfolios of Public Safety and the other agencies are evolving to ensure we have the very best measures in place for the safety of Canadians.
Mr. MacDonald, on your specific question around what reviews are taking place to ensure that we have this information, perhaps Mr. Gallivan from the Canada Border Services Agency or Ms. Lloyd from CSIS can talk briefly about the work they're doing. Of course, our colleagues at the immigration department are doing the same work and in some cases overlapping our work.
Perhaps Mr. Gallivan could add something.
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In terms of the review, we're both reviewing these specific individuals and backchecking what occurred and whether procedures were followed, and if procedures were followed, what changes to procedures may be required. We're also taking a representative sample of closed files that were similarly screened positive to see, in light of the information available today, whether changes to the procedures are needed.
As the minister said, there are three lines of defence. The CBSA's first involvement is actually in the security screening process before people are issued a visa or status in Canada. In 2023, concern of various levels was expressed about 7,000 people based on that process. Liaison officers are situated around the world, and roughly 7,500 people were “no boarded” before they even got on a plane to Canada. In 2023, there were 35,000 people who were allowed to leave but who did not enter the country, and roughly 3,500 people, because of serious inadmissibility concerns, not just national security but organized crime and others, were stopped.
What I'm trying to say is that we do have checks and balances that work thousands of times a year, but we're asking ourselves the same tough questions about whether procedures were followed and whether, if they were and this individual was not caught, different procedures could catch them in the future.
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Thank you, Mr. Minister.
On that particular incident I have no specific information, but generally speaking, as this committee would be well aware, in terms of the national security context, terrorism cases across the globe are becoming much more complex and much more frequent. I do want to highlight, though, that within Canada, violent extremism is significantly on the rise. Between April 1, 2023, and March 31, 2024, the RCMP laid 83 charges against 25 accused persons. Seven of those were young persons, which is concerning around the ideology and the radicalization. When you look at this from a larger perspective, the number of charges, year over year, showed a 488% increase.
The global context is changing significantly. Within the RCMP we continue to evolve our integrated national security teams across the country, particularly located in large urban areas, to actually combat this, but as Mr. Gallivan and Madam Lloyd have indicated, the important partnership is with our Five Eyes partners and that global connection.
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Mr. MacGregor, thank you for that very good question.
You're right. The minute I was briefed on July 24 by senior officials of CSIS and the RCMP on this case, and the RCMP subsequently updated me after the arrests took place, I think on July 28, some four days later, the first thing that I asked officials was to tell me what processes are in place so we can learn from this sequence of events, as I noted, and ensure that any adjustments we need to make in the screening process are imposed as quickly as possible.
This work is being done with our partners at the immigration department. I believe the deputy minister of immigration will be here a little later this morning. My colleague, , will also be before this committee, I think, soon as well.
The challenge is, because of the very integrated nature between the immigration department and CBSA or CSIS with respect to these screenings and information that triggers, as Ted indicated, further review, that process is necessarily going to be rigorous and thorough. I've asked them to produce for me as quickly as possible advice on what, if any, changes we need to put in place. I know my colleague, the , also asked his officials to look into the citizenship status of the father. That process also, again I understand from comments Mr. Miller made publicly, is under way.
The problem, Mr. MacGregor, is the backdrop to all of this is this ongoing criminal prosecution, potential further investigations the police decide and a publication ban. The ability to talk about different elements of this work, on the advice of lawyers and the RCMP, is very limited.
I want to start by thanking the committee for voting in favour of the Liberal motion to study this, because I think it's extremely important that we do that.
I do take issue, Minister. Both Conservatives who have asked you questions have referred to this as a colossal failure. I think that when you look at the various different organizations that have been working together—as you indicated, some seven or eight organizations—this is an example of how we should be working, how our organizations and agencies should be working together to get the best results for Canadians.
I take issue or I recognize that Mr. Caputo seems to take issue with the fact that the information that assisted us in coming to the conclusion that we did was given to Canada, but the reality is that Canada is a net importer of information. As a matter of fact, if you think of all the agencies throughout the different countries that would work together, every agency would end up being a net importer. That's the whole purpose of coming together with other countries to share information so that we can all benefit from it.
That being said, can you talk a little bit about the risks, Minister, with disclosing the exact details of how CSIS may have become aware of the threat posed to us?
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Certainly, Mr. Gerretsen, not in the time that I've been minister; I think we recognize, and my colleague has said so publicly, the understandable questions that Canadians had when they learned, following the RCMP news release, of these arrests. I think it is reasonable for the government and for Canadians to ask how this sequence of events that we've laid out before the committee could take place, and what we can learn from that sequence of events to ensure that the very best measures are in place. That's the work that's ongoing. We thought it was important to lay that out for Canadians.
I hope people understood my opening comments when I said very clearly that in the month of June, when CSIS became aware of some of this concerning information, they immediately took all of the necessary measures to ensure that the threat was managed or mitigated; I may not be using the right technical term. The RCMP were involved as well. Then we saw the successful arrest on the 28th of July. These people remain in custody, in jail. Their bail was denied. There will be a prosecution.
In our system, and you know this very well, Mr. Gerretsen, that should be the objective in terms of keeping Canadians safe. I'm confident that with this case, once the details come out in a trial, I hope, and once a jury or a judge is able to evaluate the evidence, Canadians will understand, perhaps, how these cases can be successfully handled.
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Minister, two weeks ago, or actually 16 days ago, the notified Canada that his government was taking the case very seriously. He secondly said that this was a very serious situation and that you, sir, as the Minister of Public Safety, would be doing a full follow-up to understand exactly how this happened and share all that was learned “at the appropriate moment”.
That was 16 days ago. You've indicated the process, by which you've disclosed this five-page document to committee literally 20 minutes before the commencement. In my former career as a Crown attorney, if I tried to pull something like this in front of the judge, I would get a severe tongue-lashing. This is not procedural fairness. This is highly, highly suspicious in terms of the timing by which you released that.
Moving on, I too want to talk about the video, the notorious video from 2015. According to Global News, they easily obtained a copy of that. It appeared to match the one that resulted in the aggravated assault charge that the RCMP recently laid. It shows “a prisoner wearing an orange jumpsuit and suspended from a pole in a desert. A man wearing a black robe and a cap bearing the ISIS logo then hacks at the prisoner's limbs with a sword”, cutting off his hands and cutting off his feet.
Global News continues:
His face briefly visible, he appears to be a middle-aged man with a henna-tinted beard.
It is unclear whether the victim was already dead when he was dismembered. The video, titled “Detering Spies,” was published in June 2015 by the media arm of the ISIS branch in western Iraq, according to an expert.
We know that Mr. Eldidi received his citizenship in September 2023. I'm looking at the chronology here: “Security Screening Note: Application referred to CSIS for security checks in NOV2023; CSIS returned a favourable recommendation.”
What type of message does that send to Canadians regarding our national security agency when a video that was widely distributed some eight years previous was not flagged against any advanced biometrics? The man's face was clearly visible. Is CSIS not tracking these videos? What other terrorists are walking the streets here in Canada right now waiting to commit terrorist acts on innocent Canadians? What the hell is going on?
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Thank you, Chair. It's a pleasure to be back on this committee. I was on here from 2015 onwards.
I have to say that I'm really proud of the investments the government has made to restore our security agencies to where they should be to deal with these kinds of security threats. Someone recently said to me that under the debt reduction action plan, a fine fishnet had become pretty porous because of cuts. One of the first things we did when we got elected was to update our national security framework and pass legislation that actually has given tools to our security agents to deal with these evolving threats, which have become more global in nature. They cross borders, so it's becoming more difficult.
Minister, I know you've only been in the role for a year, but I have to say that you have led this group of people admirably. Since we got elected in 2015, I'm quite proud of the investments we've made. I wonder if you and perhaps the heads of the different agencies could comment on....
First, actually, I'd like to congratulate you, Ms. Lloyd, on your new role leading an agency that does such important work for Canadians.
In spite of the fearmongering that's been going on here, can Canadians have confidence in our agencies and can Canadians feel safe that we have the tools, and the continuously evolving tools, to deal with these kinds of terrorist threats?
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Ms. Damoff, thank you for the question.
I'm happy to see you as well at this committee again. You did important work here, in your role as a parliamentary secretary, on many of these issues.
Our government has sought to increase resources, for example, to CSIS. One of the most significant investments in both technology and capacity at CSIS happened in budget 2024 a few months ago. I think all of us should be very proud as parliamentarians and of our colleagues in the other place as well for adopting Bill , which gave, for the first time in decades, new authorities to CSIS in a digital age.
To the comments about the existence of videos on the dark web, I think it's important, Ms. Damoff, for people to understand that I hear this from the security agencies. I have never, myself, been on the dark web, looking for these kinds of videos. It's called the dark web precisely because these kinds of videos don't normally come with credits and contact information at the end of them, so the idea that there's some simple way that security agencies and partners around the world are able to have access to the sickeningly thousands and millions of images of this kind of thing is why partnerships are so important. That's why working with the 150 other countries that Vanessa described is the best way for CSIS and for its partners in the RCMP and CBSA to do this work.
They need access to the technology. They need legislative authorities, which this Parliament gave them a few months ago, which is terrific, and they need their government to support them with the funds necessary to modernize. I believe that work is being done.
I'm lucky enough, with this super interesting job I have, to see that work up close every week and every month. As I said in my opening comments, Ms. Damoff, I was briefed by CSIS on July 24. When Deputy Commissioner Larkin and his colleagues, Mark Flynn and Commissioner Duheme, updated me on July 28 that these people were in custody and that a successful arrest had been made, it reminded me of the remarkable work done by these women and men in the agencies represented here, of the danger of their work and of the value of working constructively with partners around the world.
If we're not constructive and if we're reckless in releasing information, discussing origins of information and commenting on media reports of certain images and on the existence of evidence that may end up forming part of a criminal prosecution, we'll increasingly be unable to get that information, and we won't look like the reliable partner that we are with those agencies.
I heard from the director of MI6 himself, the chief, in London, about how much he values the work that CSIS does and the information that CSIS gives MI6. I thought it was reassuring for Canadians to know that somebody as interesting in the world as the chief, who would be C in the films we've all seen.... When Sir Richard Moore told me that MI6 is absolutely dependent on CSIS and other partners, it told me the system is working quite well.
Consistent with my prior testimony, 100% of asylum seekers are reviewed. Then for temporary residency, permanent residency, there's a selected sample sent for screening.
In 2023, there were 1,000 who met the threshold of conclusive serious inadmissibility, and then there was a further number where it was suspected. We flagged roughly 6,000 people through those test checks that I mentioned. Those can occur well before the person even gets to the airport.
Then we have a second pass where CBSA is looking for serious criminality, misrepresentation, a whole series of threats, including national security, and where we physically have people located abroad who “no board” people from planes. That's roughly 7,500 people back to that 2023 year.
The third line of defence, just from a CBSA perspective, is when people actually present to the port of entry, where border service officers inspect and interview people. Again, the broad category of people who ought not to be in the country and who are in an allowed-to-leave situation is roughly 35,000 a year. There are an additional 3,500 for serious inadmissibility. Again, serious inadmissibility can include national security threats, espionage or organized crime. Those are very significant bad actors.
Those are the layers of defence. Those screens rely on the professional judgment of our employees, as well as information from domestic partners seated around the table here and from international partners. The CBSA approach to the screen is to know who we're looking for or the aliases and their patterns of travel and behaviour. We scrutinize travel history, where you've been and those kinds of things. We interview people. We're basically trying to test the story put in front of us working from a script from intelligence partners that tells us what to be watchful for.
I understand that you cannot comment on the case we are talking about right now because it is before the courts. However, I would like to understand the normal process.
As I said at the outset to the , instead of pointing fingers at each other, we should be looking for a course of action that ensures that a situation as deplorable and dangerous as this one does not reoccur.
What checks do you do? I'm not asking you to comment on this particular case, but let's speak hypothetically. How can you explain the fact that we don't know for years that a serious crime has been committed by an individual abroad and that, in the meantime, he is granted refugee status and Canadian citizenship? It has happened, so it could happen again.
How can such major failures occur in Canada? What can be done to correct them?
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Thank you very much, Mr. Chair.
I think I'll send my first question to Interim Director Lloyd of the service.
Again, on this video, I'm not going to get into the specifics because I understand the limitations you have in answering in a public forum.
My question is more on the process, and it's going to be related also to the recent changes that Parliament enacted through Bill and to the complete overhaul that we did with the dataset regime that is under the CSIS Act.
I have a couple of questions for you, Interim Director Lloyd.
Many Canadians are not very familiar with the dark web and the millions of images and videos that are present there. Could you tell the committee about the magnitude of what it's like and about the challenge of sifting through those images and videos in terms of finding that important data that you can then share with relevant agencies to determine whether there are any security threats that have a potential of entering Canada?
Also, what about recent changes in Bill , notably the computational analysis of datasets? We essentially took an analog law and brought it up to speed in a digital era. What do those changes allow the service to do now in sifting through those images and videos in order to make these kinds of important determinations?
I think, on behalf of Canadians, this committee is serving a very important role. While we may not be able to ask you about the specifics of this case, I think Canadians also deserve to know about the kinds of tools the service is employing, about the strategies going forward and about the lessons you've learned from this so that these kinds of instances are not going to happen in the future.
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Thank you for everyone's attendance. My questions in the three minutes will be directed to you, Deputy Commissioner.
I know that we don't want to talk a lot about the video. I appreciate from a legal perspective why we are perhaps approaching dangerous territory, but I'm not getting into the evidence per se or the ability of the Crown to prove this case beyond a reasonable doubt. I'm taking a look at the video at face value.
There is an unknown quotient here—whether the victim was alive or already dead before this particular accused chose to cut off his hands and feet. If he were alive, it would open up the possibility of attempted murder charges. If the actions of the accused caused the death of the victim, with him in essence bleeding out, we'd be looking at murder charges under the Criminal Code. If the person were already dead and then the dismemberment took place, we'd be looking at a section 182 offence regarding an indignity committed against a dead body.
Are these potentially some of the issues? I'm not asking for a positive confirmation, but rather an acknowledgement that what I just described to you could potentially be live issues in regard to a police investigation.
Thank you to the witnesses for appearing before the committee.
My questions are for Dr. Kochhar from the immigration department.
This essentially started with a visitor visa. An individual was granted a visitor visa. They came to Canada. They applied for asylum.
I want to focus on the security screening process for a visitor visa. I understand that the security screening is trilateral—CSIS, CBSA and IRCC. I'll give you an example. I have lots of cases in my constituency office where an individual has applied for a visitor visa for a family member overseas, potentially from India, let's say, and they have worked in the army or in the local police force. That immigration process, that security screening, can take years. I have cases that have been stuck in limbo for three, four or five years now, just looking at that security screening.
What sorts of security screening are happening overseas? What information is requested? Are interviews conducted? With countries like India or Pakistan, potentially, from which I have a lot of constituents, what information is requested from those local governments? What does that co-operation look like?
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Mr. Chair, let me start by saying what I mentioned earlier, that IRCC is the first line of defence, where we are doing the initial security screening. Based on the risk indicators, we ask the questions. We also have the biometrics availability. We work with our security partners to see what kind of pinging we get from the different databases. We also look at our own databases. Has this person used a different name or alias or different passport? This is all part of the common platform where we begin with the temporary resident visa.
If there is any indication or any flag, we refer it for a comprehensive security screening, which takes place with the CBSA and CSIS. As the IRCC office, we can only make an admissibility decision once the officer is satisfied, after consultation with our security partners, that there is a favourable return on the security flag or the advance security or comprehensive security screening. If there is not, then we will call it non-admissible and the person will not be allowed to enter into Canada.
As my colleague Ted explained earlier, there are different risk indicators that our security partners work through in terms of their association with different governments and different regimes. That part is actually worked through by our security partners. If it is not available to us or if it is inconclusive, it takes a bit more time before that security or admissibility is actually passed and the person is granted the visa.
I don't know, Ted, if you want to add anything to that one.