Federal Court OKs security certificates

posted on December 10, 2004 | in Category Security Certificates | PermaLink

Original author: Canadian Press (CP)
Source: The Montreal Gazette
URL: [link]
Date: December 10, 2004

OTTAWA -- Security certificates used to detain suspected terrorists like Adil Charkaoui are constitutional, the Federal Court of Appeal ruled Friday.

The three-judge panel upheld the December 2003 decision of Federal Court Justice Simon Noel who said sections of the Immigration and Refugee Protection Act are constitutional.

Charkaoui, 31, has been jailed since May 2003 and has lost three bids for bail.

His lawyers appealed the lower court ruling, arguing among other things that Noel didn't have the jurisdiction to determine the constitutional questions.

"But the appellant has been unable to demonstrate that the procedure for reviewing the reasonableness of the security certificate issued against him...do not meet the requirements of the Charter...," concluded the Court of Appeal in an 89-page ruling.

Authorities want the landed immigrant deported to his native Morocco. His supporters say he faces torture upon his return.

The Canadian government has accused Charkaoui of being a so-called sleeper agent for terrorist group al-Qaida.

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