Canada Case Law

Harkat v. Canada (Attorney General)

Court

Federal Court of Appeal

The appeal is barred because the challenged Federal Court orders were interlocutory and no certified question was made; the certification requirement and interlocutory-appeal bars in IRPA apply and the claimed exceptions (including that the decision was a separate, divisible judicial act or founded on Charter s.7) do not apply on the facts; accordingly the appeal is quashed and no costs are awarded.

Source excerpt

• Security certificate
• Detention review
• State-funded counsel
• Certified question requirement
• Interlocutory appeal bar
• Charter s.7 challenge

Read case analysis

Harkat v. Canada (Citizenship and Immigration)

Court

Federal Court of Appeal

Section 82.3 bars this appeal because the Federal Court did not certify a question of general importance; s.82.3 is constitutionally valid; the alleged exceptions (actual/apparent bias and exceedance of jurisdiction) fail the high thresholds required to bypass s.82.3; constitutional and s.12 arguments are either not established on the facts or not properly raised below, so the notice of appeal must be removed and the file closed.

Source excerpt

• Security certificate
• Appeal jurisdiction
• Certified question requirement (s.82.3)
• Judicial bias
• Rule of law
• Cruel and unusual treatment (s.12)

Read case analysis

Harkat (Re)

Court

Federal Court

The Federal Court partly granted a motion to vary Mohamed Harkat’s release conditions, finding a password-change breach but not proven email deletion without authorization.

• Security certificate
• Conditions of release
• Breach of conditions
• Electronic monitoring and surveillance
• Digital forensic evidence
• Access to communications

Read case analysis

Harkat (Re)

Court

Federal Court

The Federal Court partly relaxed Mohamed Harkat’s release conditions in a security-certificate case, reducing some bonds, easing reporting and travel, and keeping core monitoring powers in place.

• Security certificate
• Conditions of release
• Detention review
• Surveillance and monitoring
• Search and inspection
• Expert evidence

Read case analysis

Mahjoub v. Canada (Citizenship and Immigration)

Court

Federal Court of Appeal

The Federal Court’s finding that the security certificate was reasonable is upheld: the record (predominantly open-source and admissible evidence) provided objective, compelling and credible material establishing reasonable grounds under ss.34(1)(d) and 34(1)(f) IRPA; the statutory scheme, including closed proceedings and special advocates, is constitutional; alleged procedural and Charter breaches (including destroyed operational notes, unsourced intelligence, intercepted privileged calls, commingling) were either remedied, did not produce material prejudice, or did not meet the high thresho…

Source excerpt

• Security certificate
• Reasonableness review
• Abuse of process
• Special advocates
• Secret/unsourced intelligence evidence
• Solicitor-client privilege

Read case analysis

Mahjoub v. Canada (Citizenship and Immigration)

Court

Federal Court of Appeal

Because the Federal Court did not certify a serious question of general importance and no recognized narrow exception to the statutory bar applied (the appellant alleged only errors of law and not a true jurisdictional defect), the Federal Court of Appeal lacks jurisdiction under s.82.3 IRPA; accordingly under Rule 74 the notices of appeal must be removed and the files closed.

Source excerpt

• Security certificate
• Detention review
• Statutory bar on appeals (s.82.3 irpa)
• Certified question requirement
• Rule 74 removal of appeal

Read case analysis

Mahjoub (Re)

Court

Federal Court

Federal Court reviewed Mohamed Zeki Mahjoub’s release conditions, kept most conditions in place, added clarifications, rejected a late affidavit and recusal motion, and certified no questions.

• Security certificate
• Conditions of release
• Detention review
• Charter rights (ss.7,8,12)
• Recusal
• Disclosure of classified material

Read case analysis

Mahjoub (Re)

Court

Federal Court

La Cour fédérale rejette la demande de certification dans l’affaire Mahjoub et refuse de certifier les questions constitutionnelles proposées.

• Security certificate
• Conditions of release
• Detention review
• Certification for appeal
• Standard of proof
• Cross-examination and use immunity

Read case analysis

Mahjoub (Re)

Court

Federal Court

The Federal Court varied Mr. Mahjoub’s release conditions in part, kept most supervision measures in place, and declined to certify or hear constitutional questions at that stage.

• Security certificate
• Conditions of release
• Judicial review
• Standard of proof
• Charter challenge
• Detention and supervision

Read case analysis

Re Jaballah

Court

Federal Court

The Federal Court quashed a security certificate against Mahmoud Es-Sayyid Jaballah, finding the Ministers had not shown reasonable grounds for membership, terrorism, or danger to Canada.

• Security certificate
• Membership in terrorist organization
• Reasonable grounds to believe
• Evidence exclusion due to alleged torture
• Abuse of process
• Use of intercepted communications

Read case analysis