Charkaoui, Re

Charkaoui, Re

The motion is dismissed because the belated disclosure did not produce irremediable prejudice: the applicant was given the opportunity to testify later and prepare (postponement offered and dates set), the interview summaries were not foundational to the facts supporting the certificate given the broader evidentiary record, and the January 6, 2005 summary was corroborated sufficiently and allowable under IRPA s.78(j); therefore vacatur of the certificate and exclusion of the summary were not required and the detention review should continue.

Citation
2005 FC 149
Parties
Applicant / Implicated Person: Adil Charkaoui; Respondents / Ministers: Minister of Citizenship and Immigration and Solicitor General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 February 2005
Procedural Posture
Referral of Certificate Under the Immigration and Refugee Protection Act; Detention Review Under Division 9 IRPA / Motion to Vacate Certificate and Alternative Motion to Exclude Summary of Additional Information in the Context of the Fourth Review of Detention
Outcome
Motion dismissed in all respects: certificate not vacated; applicant not released; summary of additional information not excluded; detention review to continue.
Legal Topics
Certificate Under IRPA, Detention Review, Procedural Fairness and Disclosure, Admissibility of National Security Evidence, Designated Judge Procedures Under IRPA
Source Language
English
Immigration Law National Security Law Constitutional Law (charter) Certificate Under IRPA Detention Review Procedural Fairness and Disclosure Admissibility of National Security Evidence Designated Judge Procedures Under IRPA

Case Brief

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Parties

Adil Charkaoui

Applicant / Implicated Person

Minister of Citizenship and Immigration and Solicitor General of Canada

Respondents / Ministers

Procedural Posture

Referral of Certificate Under the Immigration and Refugee Protection Act; Detention Review Under Division 9 IRPA / Motion to Vacate Certificate and Alternative Motion to Exclude Summary of Additional Information in the Context of the Fourth Review of Detention

Legal Issues

  1. 1 Whether belated disclosure of CSIS interview summaries and destroyed notes breached procedural fairness and section 7 of the Charter
  2. 2 Whether the certificate should be vacated and the applicant released as a remedy for any breach
  3. 3 Whether the summary of additional information dated January 6, 2005 should be excluded for lateness, prejudice, unreliability or hearsay

Ratio Decidendi

The motion is dismissed because the belated disclosure did not produce irremediable prejudice: the applicant was given the opportunity to testify later and prepare (postponement offered and dates set), the interview summaries were not foundational to the facts supporting the certificate given the broader evidentiary record, and the January 6, 2005 summary was corroborated sufficiently and allowable under IRPA s.78(j); therefore vacatur of the certificate and exclusion of the summary were not required and the detention review should continue.

Court Disposition

Motion dismissed in all respects: certificate not vacated; applicant not released; summary of additional information not excluded; detention review to continue.

Orders

  • Motion dismissed
  • Continuation of detention review scheduled for February 7 and 8, 2005