A former KGB agent has received another opportunity to remain in Canada after a recent Federal Court ruling. Vladimir Popov, who arrived in Canada on a visitor’s visa in August 1995, had informed the Canadian Security Intelligence Service (CSIS) of his KGB membership from 1972 to 1991 shortly after his arrival. The court reviewed a March 2024 decision by Canada’s public safety minister, which denied Popov ministerial relief, stating that the Canada Border Services Agency (CBSA) was not convinced that his presence in Canada would not harm national interests.

Justice Anne Turley found the minister’s decision unreasonable. In her ruling, dated November 12, she stated, "The application for judicial review is granted and the matter is remitted for redetermination." At the time of the decision, Dominic LeBlanc was the minister of public safety. Turley noted that the decision contained significant flaws, particularly in how it addressed Popov’s evidence and submissions regarding his conduct since arriving in Canada.

The judge criticized the minister for failing to adequately explain why Popov’s evidence was insufficient to demonstrate that his continued presence would not be detrimental to national interests. Turley emphasized that the minister must consider more than just national security and public safety when making such decisions.

Popov, a Russian citizen, initially claimed refugee status in Canada in November 1995, nearly four years after the Soviet Union's collapse. The Refugee Protection Division determined that he had a well-founded fear of persecution based on his political opinions, granting him Convention Refugee status. He applied for permanent residency in August 1997, a process that remains pending.

In May 1998, the CBSA interviewed Popov and later issued a report alleging his inadmissibility due to his KGB affiliation. In December 2008, he sought ministerial relief, asserting that his presence would not be detrimental to national interests. However, in March 2024, LeBlanc accepted the CBSA’s recommendation against granting relief.

Popov challenged this decision, citing procedural fairness and reasonableness. Turley found that the ministerial relief decision lacked justification and failed to engage with the substantial evidence Popov provided regarding his life after the KGB. The judge pointed out that the minister’s assessment resembled a charging document against Popov’s past KGB membership rather than a fair evaluation of his current situation.

The judge highlighted that while the minister acknowledged factors such as Popov’s commitment to democratic values, cooperation with Canadian officials, and lack of a criminal record, there was no meaningful assessment of this evidence. Turley noted that the minister merely concluded that these factors did not outweigh national security concerns without adequately addressing the evidence presented.

Popov has publicly distanced himself from the KGB, expressing regret for his past involvement. He has published two books exposing KGB operations and has spoken out against the organization and Russian President Vladimir Putin, often at personal risk. Turley emphasized that these significant factors were not properly considered in the ministerial relief decision, which ultimately led to the court's ruling in favor of Popov.