Charkaoui, Re

Charkaoui, Re

Designated judges under sections 76-85 IRPA are courts of competent jurisdiction able to decide constitutional questions; the IRPA scheme (ss.33 and 76-85) appropriately balances national security and individual rights and does not violate the Charter, the Canadian Bill of Rights, the BNA Act s.96 or Canada's relevant international obligations; the application is dismissed.

Citation
2003 FC 1419
Parties
Applicant / Person Concerned: Adil Charkaoui; Respondent / Ministers: Minister of Citizenship and Immigration and Solicitor General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 December 2003
Procedural Posture
Constitutional Challenge and Judicial Review Under the Immigration and Refugee Protection Act (irpa) / Hearing on Constitutional Questions and Decision on Motion (reasons for Order and Order)
Outcome
Applicant's motion dismissed
Legal Topics
Detention, Certificate of Inadmissibility, Designated Judge Jurisdiction, Secret Evidence, Judicial Independence, Appeal Bar Under IRPA, Standards of Proof (reasonableness)
Source Language
English
Immigration Law Constitutional Law Administrative Law National Security Law Detention Certificate of Inadmissibility Designated Judge Jurisdiction Secret Evidence +3 more

Case Brief

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Parties

Adil Charkaoui

Applicant / Person Concerned

Minister of Citizenship and Immigration and Solicitor General of Canada

Respondent / Ministers

Procedural Posture

Constitutional Challenge and Judicial Review Under the Immigration and Refugee Protection Act (irpa) / Hearing on Constitutional Questions and Decision on Motion (reasons for Order and Order)

Legal Issues

  1. 1 Whether a designated judge under sections 76-85 IRPA is a court of competent jurisdiction to decide constitutional questions
  2. 2 Whether sections 33 and 76-85 of the IRPA violate section 7 (principles of fundamental justice) of the Charter
  3. 3 Whether detention and arrest warrant regime under IRPA violates ss.7,9,10,11(e),12 and 15 of the Charter

Ratio Decidendi

Designated judges under sections 76-85 IRPA are courts of competent jurisdiction able to decide constitutional questions; the IRPA scheme (ss.33 and 76-85) appropriately balances national security and individual rights and does not violate the Charter, the Canadian Bill of Rights, the BNA Act s.96 or Canada's relevant international obligations; the application is dismissed.

Court Disposition

Applicant's motion dismissed

Orders

  • Mr. Charkaoui's motion be dismissed.