Jaballah (Re)

Jaballah (Re)

The motion was dismissed: the Court held that the security certificate scheme, as construed, does not breach s.7 because the designated judge conducts an independent, searching, contemporaneous assessment of the expanded record to determine whether there are reasonable grounds to believe the statutory facts of inadmissibility, and the 'reasonable grounds to believe' standard, properly interpreted, is compatible with the principles of fundamental justice.

Citation
2010 FC 79
Parties
Named Person / Applicant: Mahmoud Es-Sayyid Jaballah; Respondents: Minister of Public Safety and Emergency Preparedness; Minister of Citizenship and Immigration; Special Advocate: John Norris
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 January 2010
Procedural Posture
Immigration Security Certificate Referral / Motion for Constitutional Declaration Under S.52(1) Challenging Ss.33, 77 and 78 of IRPA Under S.7 Charter (preliminary Determination)
Outcome
Motion dismissed; no declaration granted
Legal Topics
Security Certificates, Section 7 Charter, Standard of Proof, Reasonable Grounds to Believe, Procedural Fairness, Special Advocates
Source Language
English
Immigration Law Constitutional Law National Security Administrative Law Security Certificates Section 7 Charter Standard of Proof Reasonable Grounds to Believe +2 more

Case Brief

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Parties

Mahmoud Es-Sayyid Jaballah

Named Person / Applicant

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

Respondents

John Norris

Special Advocate

Procedural Posture

Immigration Security Certificate Referral / Motion for Constitutional Declaration Under S.52(1) Challenging Ss.33, 77 and 78 of IRPA Under S.7 Charter (preliminary Determination)

Legal Issues

  1. 1 Whether ss. 33, 77 and 78 of the IRPA violate s.7 of the Charter
  2. 2 Whether the Federal Court's security certificate hearing satisfies the principles of fundamental justice (independence, impartiality, decision on facts and law, right to know and answer case)
  3. 3 Whether the statutory 'reasonable grounds to believe' standard is incompatible with s.7 and must be read as balance of probabilities

Ratio Decidendi

The motion was dismissed: the Court held that the security certificate scheme, as construed, does not breach s.7 because the designated judge conducts an independent, searching, contemporaneous assessment of the expanded record to determine whether there are reasonable grounds to believe the statutory facts of inadmissibility, and the 'reasonable grounds to believe' standard, properly interpreted, is compatible with the principles of fundamental justice.

Court Disposition

Motion dismissed; no declaration granted

Orders

  • Motion dismissed
  • No interlocutory order will issue at this time regarding appeal (parties acknowledged no interlocutory appeal)