Harkat v. Canada (Minister of Citizenship and Immigration)

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Harkat v. Canada (Minister of Citizenship and Immigration)

Supreme Court of Canada

Hearing: June 13, 14, 2006
Judgment:
Full case name: Mohamed Harkat v. Canada (Minister of Citizenship and Immigration)
Court membership

Chief Justice: Beverley McLachlin
Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein

Reasons given

Harkat v. Canada (Minister of Citizenship and Immigration), part of the security certificate trilogy[1], is a major case currently on appeal to the Supreme Court of Canada.

The Minister of Citizenship and Immigration issued a security certificate under section 34 of the Immigration and Refugee Protection Act (IRPA) for Mohamed Harkat, an Algerian living in Canada, on the basis that they reasonably believed he was supporting terrorist activity. The certificate was reviewed by a Federal Court judge under section 77 of IPRA. The Federal judge found that the certificate was reasonable.[2] Harkat challenged constitutionality of the provisions of IPRA under which the security certificate was reviewed.

Leave to appeal to the Supreme Court was granted on October 20, 2005.[3] The appeal was heard on June 13 and 14, 2006 along with the other two security cases. The Court is expected to release its decision in fall of 2006.

[edit] Notes

  1. ^ was heard along with Charkaoui v. Canada (Minister of Citizenship and Immigration), and Almrei v. Canada (Minister of Citizenship and Immigration)
  2. ^ Harkat v. Canada, 2005 FC 393
  3. ^ [2005] S.C.C.A. No. 478; File No.: 31178

[edit] See also

[edit] External links