Appeals court upholds security certificatesposted on December 10, 2004 | in Category Security Certificates | PermaLink
Date: December 10, 2004
The Federal Court of Appeal has ruled that the security certificates federal officials use to detain terror suspects without charge or bail are constitutional.
Upholding a December 2003 lower court ruling, a three-member panel of Federal Court justices issued its decision on Friday.
In the decision, the court said that Moroccan-born permanent Canadian resident Adil Charkaoui can be lawfully imprisoned while the courts consider the merits of his security certificate.
Issued to individuals whose cases are deemed relevant to national security, the certificates are reviewed and signed by the public safety and immigration ministers before being referred to the Federal Court.
A judge then hears evidence in the absence of the accused.
Charkaoui, 31, has been in custody since May 2003 on suspicions he is linked to the al Qaeda terror network. During his 20 months in detention, he has lost three bids for bail and has yet to be charged or see all the evidence against him.
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