PHILOS 1B03 Lecture Notes - Lecture 1: Security Certificate, Fundamental Justice, Security Intelligence Review Committee
26 Jan 2015
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Background: at issue: security certificates , part of canadian immigration law since 1978. Ernst zundel: german-born, landed immigrant and holocaust denier, 2005: deported to germany under security certificate, 2007: german conviction for inciting racial hatred , 2010: released from german prison. Charkaoui: 2007: relevant legislation: immigration and refugee protection act, 2001 (irpa, under irpa, permanent residents and foreign nationals named in security certificates declared inadmissible to canada and subject to deportation. Result: indefinite detention in canada: charkaoui detained 2 years; bail 2005, bail conditions: Charkaoui v canada (citizen and immigration: curfew, electronic monitoring, designated chaperones, restricted to island of montreal, 24-hour police access to residence without warranty, no use of internet or cell phone. Scc: mclachlin: sec 7: everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
