Charkaoui, Re

Charkaoui, Re

The motion for adjournment was dismissed because it was incomplete and failed to disclose essential information (identity of the reporter, context of involvement, circumstances of contact with counsel, and the substance of the alleged contradictory evidence); the Court found that the Federal Court Rules provide appropriate tools for disclosure and offered to permit amendment to the witness list instead of granting the adjournment.

Citation
2005 FC 258
Parties
Applicant: Adil Charkaoui; Respondent Solicitor General of Canada: Solicitor General of Canada; Respondent Minister of Citizenship and Immigration: Minister of Citizenship and Immigration
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 February 2005
Procedural Posture
Judicial Review of Security Certificate Under the Immigration and Refugee Protection Act / Pre Hearing Motion (adjournment)
Outcome
Motion for adjournment dismissed; amendment to the list of witnesses allowed
Legal Topics
Security Certificate, Adjournment, Disclosure, Detention Review, Witness List Amendment
Source Language
English
Immigration Law Administrative Law National Security Law Security Certificate Adjournment Disclosure Detention Review Witness List Amendment

Case Brief

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Parties

Adil Charkaoui

Applicant

Solicitor General of Canada

Respondent Solicitor General of Canada

Minister of Citizenship and Immigration

Respondent Minister of Citizenship and Immigration

Procedural Posture

Judicial Review of Security Certificate Under the Immigration and Refugee Protection Act / Pre Hearing Motion (adjournment)

Legal Issues

  1. 1 Whether an adjournment should be granted for the hearing on the reasonableness of the certificate
  2. 2 Whether the motion sufficiently disclosed the factual basis for adjournment including identity and context of a journalist and substance of evidence
  3. 3 Whether the Court's rules provide adequate mechanisms for disclosure instead of ad hoc adjournments

Ratio Decidendi

The motion for adjournment was dismissed because it was incomplete and failed to disclose essential information (identity of the reporter, context of involvement, circumstances of contact with counsel, and the substance of the alleged contradictory evidence); the Court found that the Federal Court Rules provide appropriate tools for disclosure and offered to permit amendment to the witness list instead of granting the adjournment.

Court Disposition

Motion for adjournment dismissed; amendment to the list of witnesses allowed

Orders

  • The motion for an adjournment of the hearing scheduled for the week of February 21, 2005, is dismissed.
  • An amendment to the list of witnesses is permitted.