Charkaoui v. Canada – Challenge to the Canadian Security Certificate Regime

Partner Organization: Human Rights Watch

In Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 S.C.R. 350, the Supreme Court of Canada considered the constitutionality of provisions in the Immigration and Refugee Protection Act that allowed the government to issue a certificate declaring a foreign national or permanent resident to be inadmissible to Canada on grounds of national security and to detain that person.

The IHRP, in collaboration with Human Rights Watch, appeared as an intervener in the appeal before the Supreme Court of Canada. The IHRP provided academic expertise in international human rights law and comparative constitutional law to inform the Court’s analysis under s.7 of the Charter (the right to life, liberty and security of person).

In its decision, the Supreme Court unanimously held that the procedures laid out in the Immigration and Refugee Protection Actbreached s. 7 of the Charter because they unfairly denied individuals who are suspected threats to national security the right to know the case against them.

Read the Interveners’ Factum
Read the Supreme Court of Canada’s Decision
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