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Author Federal Court of Canada Report broken download
DECISION: Justice Nöel's Supplementary Reasons for Judgement (Jan 21, 2011)
Description This judgement by Justice Nöel repeats the finding of his December 9, 2010 judgement that the security certificate against Mohamed Harkat is reasonable. It also reveals his decision about which questions for certification he will allow to be heard before a future Federal Court of Appeal and which he will disallow. He disallowed most of the questions put forward by Harkat's public councel. But he allowed 2 questions to stand (see below). Needless to say it is blatantly unfair that questions that will be submitted to an Appeals Court must first be vetted by the same judge who's decision is being appealed. Question 1

Do sections 77,87,83,85.4 and 85.5 of the Immigration and Refugee Protection Act breach section 7 of the Charter of Rights and Freedoms by denying the person concerned the right to a fair hearing? If so, are the provisions justified under section 1? Question 2

Do human sources benefit from a class-based privilege? If so, what is the scope of this privilege and was the formulation of a "need to know" exception for the special advocates in Harkat (re), 2009 FC 204, a correct exception to this privilege? (PDF format, English, 18 pages)

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Date March 22, 2011
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