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Canada Case Law

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Immigration law 2013 FC 795

Harkat v. Canada (Citizenship and Immigration)

The Federal Court pared back Mohamed Harkat’s release conditions, removing GPS monitoring and easing travel and communications restrictions while keeping core supervision in place.

  • Security certificate procedure
  • Proportionality
  • Electronic monitoring (gps)
  • Judicial supervision
  • Terms-and-conditions-of-release
  • Security-certificate-procedure
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Immigration law 2005 FC 1670

Canada (Citizenship and Immigration) v. Charkaoui

The Federal Court dismissed Adil Charkaoui’s constitutional and procedural challenge to the security-certificate protection scheme under the IRPA and IRPR.

  • Security certificate procedure
  • Pre-removal risk assessment (prra)
  • Non-refoulement
  • Delegation of executive power
  • Reasonable apprehension of bias
  • Abuse of process and stay of proceedings
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Immigration law 2002 FCT 1162

Al Yamani v. Canada (Minister of Citizenship and Immigration)

The Federal Court rejected an application to stay an immigration inquiry against Issam Al Yamani, finding no res judicata, no issue estoppel, no abuse of process, and no retrospective application bar.

  • Res judicata
  • Issue estoppel
  • Abuse of process
  • Retrospectivity
  • Standard of review
  • Inadmissibility for terrorism
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.