Canada (Citizenship and Immigration) v. Mahjoub

Canada (Citizenship and Immigration) v. Mahjoub

The Court confirmed release but found the national security risk, as previously articulated, remained relevant pending the reasonableness hearing; balancing the Charkaoui factors the Court concluded the threat has attenuated sufficiently to relax several onerous conditions while retaining a tailored regime to...

Source-derived case information.

Citation
2011 FC 506
Parties
Applicants: The Minister of Citizenship and Immigration and The Minister of Public Safety; Respondent: Mohamed Zeki Mahjoub
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 May 2011
Procedural Posture
Security Certificate Referral — Detention and Review of Conditions / Interim Review of Conditions Conducted in Conjunction With Ongoing Reasonableness Hearing
Outcome
Release under amended conditions confirmed; certain conditions relaxed or removed and other conditions remain in force pending updated schedule and further court process.
Legal Topics
Security Certificate, Detention Review, Conditions of Release, Proportionality, Evidence Disclosure, Torture Derived Evidence
Source Language
english
Immigration Law National Security Law Administrative Law Constitutional Law Security Certificate Detention Review Conditions of Release Proportionality +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

The Minister of Citizenship and Immigration and The Minister of Public Safety

Applicants

Mohamed Zeki Mahjoub

Respondent

Procedural Posture

Security Certificate Referral — Detention and Review of Conditions / Interim Review of Conditions Conducted in Conjunction With Ongoing Reasonableness Hearing

Legal Issues

  1. 1 validity of the security certificate and alleged constitutional taint
  2. 2 applicable standard of proof for review of conditions
  3. 3 whether prior danger findings may be relied upon

Ratio Decidendi

The Court confirmed release but found the national security risk, as previously articulated, remained relevant pending the reasonableness hearing; balancing the Charkaoui factors the Court concluded the threat has attenuated sufficiently to relax several onerous conditions while retaining a tailored regime to neutralize risk, therefore modifying curfew, outings, visitor and electronic-monitoring provisions and removing the unused video-conferencing device, and directing the Ministers to produce an updated schedule of conditions for confirmation.

Court Disposition

Release under amended conditions confirmed; certain conditions relaxed or removed and other conditions remain in force pending updated schedule and further court process.

Orders

  • Confirm release on amended conditions as described in reasons
  • Amend curfew to 12:00 a.m. to 7:00 a.m.; Ramadan and CBSA extension provisions adjusted