Charkaoui, Re

Charkaoui, Re

The motion for a temporary stay was dismissed because, although a serious question existed, the applicant failed to demonstrate clear, non‑speculative irreparable harm from refusal of the stay, and the balance of convenience including statutory obligations to proceed expeditiously and the public interest in national security favoured the Ministers.

Citation
2008 FC 765
Parties
Applicant / Named Person Under Security Certificate: Adil Charkaoui; Respondents (ministers): Minister of Public Safety and Emergency Preparedness and Minister of Citizenship and Immigration
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 June 2008
Procedural Posture
Judicial Review of Security Certificate / Motion to Stay Proceedings / Interlocutory Motion for Temporary Stay of the Reasonableness Review Pending Supreme Court Decision (motion Heard; Judgment Reserved and Issued)
Outcome
Motion dismissed
Legal Topics
Security Certificate, Stay of Proceedings, Procedural Fairness, Special Advocate, Irreparable Harm, Balance of Convenience, Destruction of Evidence (csis Interview Notes), Transitional Provisions of Amended IRPA
Source Language
English
Immigration Law Constitutional Law Administrative Law National Security Law Procedural Law Security Certificate Stay of Proceedings Procedural Fairness +5 more

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Parties

Adil Charkaoui

Applicant / Named Person Under Security Certificate

Minister of Public Safety and Emergency Preparedness and Minister of Citizenship and Immigration

Respondents (ministers)

Procedural Posture

Judicial Review of Security Certificate / Motion to Stay Proceedings / Interlocutory Motion for Temporary Stay of the Reasonableness Review Pending Supreme Court Decision (motion Heard; Judgment Reserved and Issued)

Legal Issues

  1. 1 Whether a temporary stay of the reasonableness review of a security certificate should be granted under s.50(1)(b) Federal Courts Act
  2. 2 Whether the applicant established a serious question to be tried
  3. 3 Whether the applicant demonstrated irreparable harm if the stay were refused

Ratio Decidendi

The motion for a temporary stay was dismissed because, although a serious question existed, the applicant failed to demonstrate clear, non‑speculative irreparable harm from refusal of the stay, and the balance of convenience including statutory obligations to proceed expeditiously and the public interest in national security favoured the Ministers.

Court Disposition

Motion dismissed

Orders

  • Motion for a temporary stay of the review of the reasonableness of the security certificate dismissed (order dated June 12, 2008 ratified)
  • Proceedings to determine the reasonableness of the certificate to continue and case management to proceed including appointment and consultation of special advocate and scheduling as managed by the Court