For Immediate Release
June 12, 2006
OTTAWA – The CBA is intervening in the Supreme Court of Canada appeal into the constitutionality of immigration security certificates. At issue in the three-day hearing are the rights of detainees in a process that allows closed court hearings, secret evidence, and lengthy imprisonment without being charged.
“These are fundamental rights protected under the Charter,” says CBA President Brian A. Tabor, Q.C. of Halifax. “Everyone in Canada has a right to a fair trial.”
The CBA’s intervention focuses on three key points. First, the CBA argues for the right to effective representation by a lawyer because a hearing on the security certificate may take place in secret, without participation of the detainees or their lawyer.
Second, the CBA says the process interferes with a person’s right to liberty, because the detained person cannot effectively challenge the lawfulness of the detention if he or she is prohibited from participating in the process.
Third, the process compromises judicial independence and impartiality, because the judge must both perform his or her judicial function and try to protect the interests of the detainee.
Toronto immigration lawyer Lorne Waldman is acting for CBA on a pro bono basis and is CBA spokesperson. He is attending the hearings at the Supreme Court of Canada on June 13, 14 and 15. Mr. Waldman will be available at the court house for comment and questions. Please contact Hannah Bernstein, 613-237-2925, ext. 146, or e-mail hannahb@cba.org to set up an interview.
View CBA Factum >
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
