| Citation: |
Charkaoui (Re), 2009 FC 546, [2009] 3 F.C.R. D-18 |
DES-4-08 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Security Certificate
Whether Division 9 of Immigration and Refugee Protection Act (Act), S.C. 2001, c. 27 precluding application of common law privileges, with result that Ministers having no legal justification for redacting privileged information part of additional disclosure required by Charkaoui v. Canada, [2008] 2 S.C.R. 326—Alleged privileges (identification of human sources, solicitor-client privilege, Cabinet confidences) virtually absolute; Ministers not renouncing to them by submitting documents to judges—Security certificate not based on this information—Act, s. 85.4(1) not permitting lifting of privileges—Intention of Parliament to ensure all information on which Ministers basing their position provided to special advocates, having evidence set up against person concerned to defend him at in camera hearing—Documents provided to special advocates remaining redacted until examined by Court to ensure covered by privileges alleged.
Charkaoui (Re) (DES-4-08, 2009 FC 546, Tremblay-Lamer J., order dated May 27, 2009, 21 pp.)