Documents [ Court decisions, human rights reports, etc.. ]
| DECISION: Justice Noël On Constitutionality , Harkat Case (Dec 9, 2010) | |
| Description | Federal Court decision by Justice Simon Noël in the security certificate case of Mohamed Harkat. Harkat's lawyers argued that the Immigration and Refugee Protection Act was unconstitutional. Justice Noël concludes that "...all provisions of the IRPA pertaining to the disclosure process of the national security information (subsection 77(2), and paragraphs 83(1)(c), 83(1)(d), 83(1)(e), 83(1)(i)) and the communication procedure requiring judicial authorization (subsection 85.4(2) and paragraph 85.5(b)) are constitutional in that they provide for a fair process where the information communicated does not pose a risk of injury to national security. At the same time, the IRPA protects the named person’s rights (through the special advocates’ participation in closed hearings) and informs him of the case to meet so that he is in a position to answer it. The provisions in issue are not in conflict with principles of fundamental justice. In the alternative, the said limits imposed on the rights are such that they are demonstrably justifiable in a free and democratic society and are therefore saved by section 1 of the Charter." December 9, 2010. (PDF, English, 137 pages) |
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| Size | 560kB |
| Date | December 14, 2010 |
| Downloads | 1726 |
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