The Charkaoui et al. decision may represent an important turning point in Canada’s approach to national security, particularly when it is read as a strong statement in support of procedural fairness, a concept that has suffered internationally in the post-September 11 context. The Supreme Court’s rulings with respect to secret evidence and indefinite detention without [...]

The Supreme Court of Canada’s decision in Charkaoui (2007) SCC 9 is notable not just for its depth, but also for the range of issues that it considers and deals with. Its main conclusion is, of course, that portions of the Canadian Immigration and Refugee Protection Act relating to the joint issuance and utilization of [...]

The Supreme Court of Canada’s ruling in Charkaoui 2007 SCC 9 striking down the procedures for the review of Security Certificates under the Immigration and Refugee Protection Act (“IRPA“) has implications in a number of different security-related contexts.1 Of immediate interest is whether the Supreme Court’s decision has any significance in terms of the resolution [...]

The Anti-Terrorism Story The Supreme Court of Canada’s decision in Charkaoui v. Canada (Citizenship and Immigration) 2007 SCC 9 [Charkaoui] will undoubtedly attract much public attention. Most newsworthy will be the fact that these cases represent the first time since September 11, 2001 that the Supreme Court has delivered a defeat to the Government in [...]

Secret hearings to justify the issuance of security certificates and the detention of persons named in them, have been struck down. In an extraordinary, unanimous decision authored by the Chief Justice, the Supreme Court has declared unconstitutional the statutory scheme in the Immigration and Refugee Protection Act that required review of certificates and detention to [...]