For Immediate Release
February 23, 2007
OTTAWA – The CBA welcomes today’s Supreme Court of Canada decision in Charkaoui v. Canada (Citizenship and Immigration) that says the government can do more to protect individuals detained under security certificates.
“While it recognized that the government must keep certain information confidential in the security certificate process, the court says the government must consider alternative measures to ensure a fair hearing,” says Lorne Waldman of Toronto, who acted as legal counsel in the CBA’s intervention in this case.
The CBA argued that special counsel – who would review secret evidence and advocate on behalf of a detained person – would be an appropriate alternative. The court agreed with this argument. The CBA also advocated that Canada learn from the U.K. experience, and permit ongoing contact between the detained person and the special counsel after review of the secret evidence.
Security certificates allow government to bypass the normal immigration process and deport people due to alleged involvement in terrorism. Under this process, the government can present information to a judge while withholding it from the detained person, by citing national security concerns.
Mr. Waldman is available for comment and analysis of the judgment.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
- 30 -
CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
