Federation arguments successful before Supreme Court in the security certificate appeal Charkaoui v. Canada (Minister of Citizenship and Immigration)

(March 13, 2007)

In a unanimous decision, the Supreme Court of Canada agreed with the submissions of the Federation of Law Societies of Canada in Charkaoui v. Canada (Minister of Citizenship and Immigration), 2007 SCC 9, that certain provisions of the Immigration and Refugee Protection Act relating to security certificates violated the Canadian Charter of Rights and Freedoms.

The Court held in part that the provisions infringed the section 7 right to a fair hearing by relying upon secret evidence and were not saved by section 1.

The Court accepted the argument that less intrusive means exist to protect sensitive information, noting in particular one identified in the Federation submissions: the use of special advocates to test secret evidence.

The Supreme Court of Canada decision is available here. 2007 SCC 9, [2007] 1 SCR 350 (CanLII)