Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Fundamental justice - Evidence - New evidence submitted to designated judge shortly before detention review resulting from issuance of security certificate with view to inadmissibility - Appellant challenging belated disclosure, and reliability, of documents - Destruction of Canadian Security Intelligence Service (CSIS) notes and recordings that had served as basis for ministers’ allegations - Policy of destroying notes and recordings admitted - Whether Court of Appeal erred in not finding that ministers and CSIS had breached Appellant’s right to procedural fairness: (a) by systematically destroying notes from interviews in which CSIS collects evidence and by failing to disclose this practice when proceedings against Appellant were commenced; (b) by interpreting words “to the extent that it is strictly necessary” in s. 12 of CSIS Act as requiring CSIS to collect and retain only information and evidence that support argument of danger; (c) by failing to discharge their duty to disclose evidence diligently; and (d) by deciding to sign certificate of inadmissibility against Appellant on basis of CSIS investigation - Whether Court of Appeal erred in underestimating impact of Respondents’ conduct on Appellant’s rights and in failing to recognize that conduct in question constituted abuse of process and that definitive stay of proceedings accordingly necessary under Division 9 of IRPA - Whether Court of Appeal erred in holding that Federal Court judge determining whether security certificate reasonable under s. 80 of Immigration and Refugee Protection Act may authorize ministers to file, in support of inadmissibility, allegations and evidence of which they had no knowledge when security certificate was signed - Canadian Charter of Rights and Freedoms, s. 7 - Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 12 - Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 78(e).

In the context of a fourth detention review after a security certificate was issued against him, the Appellant disputed certain new allegations by the Respondent ministers. Following the review hearing, which had been postponed, the designated judge terminated the detention. However, the main proceeding for deportation of the Appellant from Canada was still pending. The Appellant argued that the main proceeding was tainted by the destruction of sources of evidence and should be quashed, or that, at the very least, this new part of the evidence should be struck from the record.

The Federal Court dismissed the Appellant’s motion and the Federal Court of Appeal affirmed that decision.