Charkaoui (Re)

Charkaoui (Re)

When the Ministers publicly admitted that the remaining filed evidence was insufficient to support the certificate, the certificate became ultra vires and void because withdrawn evidence cannot be relied upon under s.83(1)(j) of the IRPA; the appropriate remedy was a declaratory judgment that the certificate is void, and the Court refused to certify the Ministers' proposed questions because they were case‑specific factual complaints not meeting the statutory 'serious question of general importance' threshold in s.79.

Citation
2009 FC 1030
Parties
Named Person / Respondent: Adil Charkaoui; Applicants / Ministers: Ministers of Public Safety and Emergency Preparedness and of Citizenship and Immigration; Intervener: Barreau du Québec
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 October 2009
Procedural Posture
Security Certificate Review Under the Immigration and Refugee Protection Act / Judicial Determination on Validity and Reasonableness; Certification Request Under S.79 for Appeal to Federal Court of Appeal
Outcome
Certificate declared void; no question certified for appeal to the Federal Court of Appeal.
Legal Topics
Security Certificates, Disclosure of Classified Evidence, Procedural Fairness, Special Advocates, Judicial Review, Appeal Certification
Source Language
English
Immigration Law National Security Law Administrative Law Constitutional Law Evidence Law Security Certificates Disclosure of Classified Evidence Procedural Fairness +3 more

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Parties

Adil Charkaoui

Named Person / Respondent

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

Applicants / Ministers

Barreau du Québec

Intervener

Procedural Posture

Security Certificate Review Under the Immigration and Refugee Protection Act / Judicial Determination on Validity and Reasonableness; Certification Request Under S.79 for Appeal to Federal Court of Appeal

Legal Issues

  1. 1 Whether the security certificate is valid and reasonable after the Ministers withdrew material evidence
  2. 2 Whether the questions proposed by the Ministers should be certified for appeal to the Federal Court of Appeal under s.79 of the IRPA

Ratio Decidendi

When the Ministers publicly admitted that the remaining filed evidence was insufficient to support the certificate, the certificate became ultra vires and void because withdrawn evidence cannot be relied upon under s.83(1)(j) of the IRPA; the appropriate remedy was a declaratory judgment that the certificate is void, and the Court refused to certify the Ministers' proposed questions because they were case‑specific factual complaints not meeting the statutory 'serious question of general importance' threshold in s.79.

Court Disposition

Certificate declared void; no question certified for appeal to the Federal Court of Appeal.

Orders

  • The security certificate issued February 22, 2008 attesting that Adil Charkaoui is inadmissible on grounds of security is declared void.
  • There is no question to certify for the Federal Court of Appeal.