cover image: International Covenant on Civil and Political Rights : Canada's sixth report on the United Nations' International Covenant on Civil and Political Rights

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International Covenant on Civil and Political Rights : Canada's sixth report on the United Nations' International Covenant on Civil and Political Rights

11 Dec 2013

The Federal Court is responsible for determining whether the certificate is reasonable, and issues public summaries of the security information to ensure that the subject of the certificate is reasonably informed of the case to meet. [...] The SCC was satisfied that, properly interpreted, the IRPA contained a robust process for periodic judicial review of detention or release on strict conditions, which permitted the courts to assess the relevant context and circumstances of the individual case, including: the reasons for detention; the length of detention; the reasons for delay in deportation; the anticipated future length of deten [...] In response to the SCC’s decision, Parliament amended the IRPA in February 2008 (Bill C-3) to require the appointment of special advocates to protect the interests of the subject of the certificate during hearings where confidential security information or evidence is presented in the absence of the public and of the subject of the proceedings and their counsel.6 Special advocates are security-cle [...] In Charkaoui v. Canada (Minister of Citizenship and Immigration) (“Charkaoui II”), the SCC held that CSIS has a duty to retain all its operational notes and to disclose them to the Ministers for the issuance of a security certificate and subsequently to the judge for the review of the reasonableness of the certificate and the need to detain the named person.11 The ultimate decision on what informa [...] The Federal Court dismissed the claim, as there was no evidence that the claimant was prevented from participating meaningfully in the election, that the election was unfair or that the dissolution of the House of Commons did not conform with the laws of Canada.
human rights government politics droits de l'homme droits politiques civil rights political rights family government information labour law marriage mediation election complaint human activities federal society court first nations judiciary aboriginal canadian charter of rights and freedoms criminal ethical principles freedom of information laws by country international covenant on civil and political rights droits de l'homme (droit international) iccpr charkaoui v canada (minister of citizenship and immigration) unlawful assembly
ISBN
9781100214160 9781100999166
Pages
43
Published in
Ottawa, Ontario

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