Charkaoui v Canada (Minister of Citizenship and Immigration)

rdf:langString Charkaoui v Canada (Minister of Citizenship and Immigration)

rdf:langString McLachlin C.J.

rdf:langString Canadian Charter of Rights and Freedoms, ss. 7, 9, 10; Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 33, 77 to 85

rdf:langString Charkaoui History: reversing [2005] 2 F.C.R. 299, 247 D.L.R. 405, 328 N.R. 201, 126 C.R.R. 298, 42 Imm. L.R. 165, [2004] F.C.J. No. 2060 , 2004 FCA 421 ; affirming [2004] 3 F.C.R. 32, 253 F.T.R. 22, 38 Imm. L.R. 56, [2003] F.C.J. No. 1816 , 2003 FC 1419 . Almrei history: reversing [2005] 3 F.C.R. 42, 251 D.L.R. 13, 330 N.R. 73, 45 Imm. L.R. 163, [2005] F.C.J. No. 213 , 2005 FCA 54 ; affirming [2004] 4 F.C.R. 327, 249 F.T.R. 53, 38 Imm. L.R. 117, [2004] F.C.J. No. 509 , 2004 FC 420 . Harkat history: also reversing , 340 N.R. 286, [2005] F.C.J. No. 1467 , 2005 FCA 285 ; affirming , 261 F.T.R. 52, 45 Imm. L.R. 65, [2005] F.C.J. No. 481 , 2005 FC 393 .

rdf:langString Sections 33, 77 and 85 of the Immigration and Refugee Protection Act unreasonably violates sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms.

rdf:langString Charkaoui v Canada (Minister of Citizenship and Immigration), 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate. The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the right to liberty and habeas corpus under section 7, 9 and 10 of the Canadian Charter. The Court however rejected the appellant arguments that the extension of detentions violated the right against indefinite detention, that the differential treatment violated equality rights, and that the detention violated the rule of law. As remedy, the Court declared the "judicial confirmation of certificates and review of detention" to be of no force and effect, striking down articles 33 and 77 to 85 of the Immigration and Refugee Protection Act, but suspended the ruling for one year.

rdf:langString Charkaoui v Canada

rdf:langString Adil Charkaoui v Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness; Hassan Almrei v Minister of Citizenship and Immigration and Minister of Public Safety and Emergency Preparedness; Mohamed Harkat v Minister of Citizenship and Immigration, Minister of Public Safety and Emergency Preparedness and Attorney General of Canada

rdf:langString Appeals allowed