23.02.2007|Decisions|National Court
Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9
Precedential ruling by the Canadian Supreme Court canceling major sections of the Immigration and Refugee Protection Act. This Canadian law allowed permanent residents of Canada and foreign nationals who are suspected of instigating or planning terrorist acts to be held in administrative detention indefinitely based on confidential evidence which is not revealed to the detainee or his attorney. It was now ruled that indefinite administrative detention based on confidential evidence and without effective and speedy judicial review is contrary to the Canadian Charter of Rights and must be cancelled. The ruling will take effect a year from publication. In the interim, the Court ruled, the Canadian Parliament must amend the law in accordance to the ruling.
