Charkaoui v Canada (Minister of Citizenship and Immigration)
Charkaoui v Canada (Minister of Citizenship and Immigration), 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate. The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the right to liberty and habeas corpus under section 7, 9 and 10 of the Canadian Charter. The Court however rejected the appellant arguments that the extension of detentions violated the right against indefinite detention, that the differential treatment violated equality rights, and that the detention violated the rule of law. As remedy, the Court declared the "ju
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Adil CharkaouiAlmrei v. Canada (Minister of Citizenship and Immigration)Canadian immigration and refugee lawCharkaouiCharkaoui v. Canada (Citizenship and Immigration)Charkaoui v. Canada (Minister of Citizenship and Immigration)Harkat v. Canada (Minister of Citizenship and Immigration)Immigration and Refugee Protection ActList of Supreme Court of Canada cases (McLachlin Court)Mohamed HarkatSection 9 of the Canadian Charter of Rights and FreedomsSecurity certificateTerrorism in Canada
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Charkaoui v Canada (Minister of Citizenship and Immigration)
Charkaoui v Canada (Minister of Citizenship and Immigration), 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate. The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the right to liberty and habeas corpus under section 7, 9 and 10 of the Canadian Charter. The Court however rejected the appellant arguments that the extension of detentions violated the right against indefinite detention, that the differential treatment violated equality rights, and that the detention violated the rule of law. As remedy, the Court declared the "ju
has abstract
Charkaoui v Canada (Minister o ...... ended the ruling for one year.
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case-name
Charkaoui v Canada
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citations
decided-date
2007-02-23
Docket
full-case-name
Adil Charkaoui v Minister of C ...... and Attorney General of Canada
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heard-date
history
Charkaoui History: reversing [ ...... F.C.J. No. 481 , 2005 FC 393 .
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LawsApplied
Canadian Charter of Rights and ...... 2001, c. 27, ss. 33, 77 to 85
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ratio
Sections 33, 77 and 85 of the ...... harter of Rights and Freedoms.
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ruling
Appeals allowed
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Unanimous
McLachlin C.J.
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wikiPageUsesTemplate
subject
hypernym
comment
Charkaoui v Canada (Minister o ...... dy, the Court declared the "ju
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label
Charkaoui v Canada (Minister of Citizenship and Immigration)
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