 
SUPREME COURT OF CANADA STRIKES DOWN SECURITY CERTIFICATES
In the case of three immigrants who had been jailed for more than 3 years without charge or conviction, the Supreme Court of Canada ruled that aspects of the current regime for handling security certificates is unconstitutional. The Court expressed particular disquiet over the provision under which immigrants could be deported even though they were not allowed to see the evidence that formed the basis of the government’s case. A security certificate signed by two cabinet ministers authorized deportation if, upon review, a federal court judge found the certificate to be reasonable. There was no right of appeal. Intervening before the Supreme Court, CCLA Special Counsel Edward L. Greenspan and David Tice advocated such a right and they also urged a provision whereby security-cleared advocates would have access to all relevant material and could represent the immigrant’s interests at the in camera hearings of the federal court. In striking down the security certificate scheme, the Supreme Court contended that “security concerns cannot be used to excuse procedures that do not conform to fundamental justice”. | CCLA In The Schools | Join Us | Feedback | Search | Other Interesting Sites | Home |
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