Charkaoui, Re
Applying the IRPA and prior authorities, the Court held the applicable review standard approximates the preponderance threshold; it excluded the Zubaida statement from weight due to credible allegations of mistreatment but retained the Ressam identification; on the whole record the Ministers' evidence still established a serious danger and the applicant failed to discharge the shifted burden; no conceivable bail or conditions would neutralize that danger; continued detention ordered under s.83(3) IRPA.
- Citation
- 2004 FC 1031
- Parties
- Ministers/respondents: Minister of Immigration and the Solicitor General of Canada; Detained Individual/applicant: Adil Charkaoui
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 23 July 2004
- Procedural Posture
- Detention Review Under the Immigration and Refugee Protection Act Arising From a Security Certificate Referral / Third Review of Detention; Motion to Continue Detention Under Subsection 83(3) IRPA
- Outcome
- Detention continued
- Legal Topics
- Security Certificate, Detention Review, Bail and Conditions, Standard of Proof, Exclusion of Evidence Obtained Under Torture, In Camera Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Minister of Immigration and the Solicitor General of Canada
Ministers/respondents
Adil Charkaoui
Detained Individual/applicant
Procedural Posture
Detention Review Under the Immigration and Refugee Protection Act Arising From a Security Certificate Referral / Third Review of Detention; Motion to Continue Detention Under Subsection 83(3) IRPA
Legal Issues
- 1 Whether the respondent remains a danger to national security or to the safety of any person or is unlikely to appear at proceedings or for removal
- 2 Whether statements by Ressam and Zubaida should be excluded because obtained under torture or compulsion
- 3 What standard of proof applies on a detention review under section 83 IRPA
Ratio Decidendi
Applying the IRPA and prior authorities, the Court held the applicable review standard approximates the preponderance threshold; it excluded the Zubaida statement from weight due to credible allegations of mistreatment but retained the Ressam identification; on the whole record the Ministers' evidence still established a serious danger and the applicant failed to discharge the shifted burden; no conceivable bail or conditions would neutralize that danger; continued detention ordered under s.83(3) IRPA.
Court Disposition
Detention continued
Orders
- Mr. Adil Charkaoui continue to be held in detention pursuant to subsection 83(3) of the Immigration and Refugee Protection Act until the designated judge rules anew on continuation of detention
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