Docket

34884

Minister of Citizenship and Immigration, et al. v. Mohamed Harkat, et al.

(Federal Court) (Civil) (By Leave)

(Sealing order)

Proceedings
Date Proceeding Filed By
(if applicable)
2014-05-20 Appeal closed
2014-05-15 Formal judgment sent to the registrar of the court of appeal and all parties
2014-05-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-05-14 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-76-11, 2012 FCA 122, dated April 25, 2012, heard on October 10 and 11, 2013, is allowed in part, Abella and Cromwell JJ. dissenting in part. The cross-appeal is dismissed. The IRPA scheme is constitutional. The designated judge’s conclusion that the security certificate was reasonable is reinstated.
Allowed in part
2014-05-14 Judgment on the cross-appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, See judgment
Dismissed
2014-03-17 Media lock-up request accepted
2014-01-29 Correspondence received from, (Letter Form), Change of address for the Law firm of Kapoor Barristers Canadian Civil Liberties Association
2013-12-13 Media lock-up consent form received from, Robert Frater Minister of Citizenship and Immigration
2013-12-05 Media lock-up consent form received from, Barbara Jackman Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-12-04 Media lock-up consent form received from, Khalid M. Elgazzar Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-12-03 Media lock-up consent form received from, Paul Cavaluzzo Special Advocates
2013-12-02 Media lock-up consent form received from, Matthew Webber Mohamed Harkat
2013-11-28 Media lock-up consent form received from, Paul Copeland Special Advocates
2013-11-26 Correspondence received from, Appellants regarding eventual release of decision. Minister of Citizenship and Immigration
2013-11-21 Media lock-up letter, consent form and undertaking sample sent to all parties
2013-11-06 Media lock-up requested or proposed
2013-10-29 Transcript received, Public Hearing (199 pages)
2013-10-11 Judgment reserved OR rendered with reasons to follow
2013-10-11 Hearing of the appeal, 2013-10-10, CJ LeB Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-10-11 Supplemental document, supplemental material, SEALED, Completed on: 2013-10-11 Special Advocates
2013-10-10 Intervener's condensed book, Submitted in Court (14 copies) British Columbia Civil Liberties Association
2013-10-10 Respondent's condensed book, Submitted in Court (14 copies) Mohamed Harkat
2013-10-10 Acknowledgement and consent for video taping of proceedings, From all parties
2013-10-09 Appellant's condensed book, Submitted in Court (14 copies) Minister of Citizenship and Immigration
2013-10-07 Supplemental document, Supplementary book of authorities, Completed on: 2013-10-07 Mohamed Harkat
2013-10-04 Appellant's condensed book, (Book Form), closed condensed book, SEALED, 14 copies and CD-ROM filed Minister of Citizenship and Immigration
2013-10-04 Correspondence received from, 2 reserved seats requested Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-10-03 Correspondence received from, Marlys Edwardh dated October 3, 2013. Re: Order of oral arguments for two interveners Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-10-02 Notice of appearance, Urszula Kaczmarczyk, Robert Frater, André Seguin and Marianne Zoric will be present at the hearing. Minister of Citizenship and Immigration
2013-10-02 Other condensed book, (Book Form), Closed condensed book of the Special Advocates, SEALED, 13 copies received Special Advocates
2013-10-02 Notice of appearance, Robert Hubbard and Greg Skerkowski will be present at the hearing. Attorney General of Ontario
2013-10-01 Other book of authorities, (Book Form), Joint book of authorities of the Ministers and Special Advocates for the closed hearing, Completed on: 2013-10-01 Minister of Citizenship and Immigration
2013-10-01 Correspondence received from, 5 reserved seats requested Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-10-01 Notice of appearance, Barbara Jackman, Sharryn Aiken and Andrew Brouwer will be present at the hearing. Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-10-01 Notice of appearance, Anil Kapoor and Lindsay Trevelyan will be present at the hearing. Canadian Civil Liberties Association
2013-09-30 Notice of appearance, Michael Bossin, Laila Demirdache and Anna Shea will be present at the hearing. Amnesty International
2013-09-30 Notice of appearance, Norman Boxall, Meaghan Thomas, Matthew Webber and Leo Russomanno will be present at the hearing. Mohamed Harkat
2013-09-27 Notice of appearance, Faisal Bhabha and Khalid Elgazzar will be present at the hearing. Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-09-27 Correspondence received from, 4 reserved seats requested Canadian Bar Association
2013-09-27 Notice of appearance, Lorne Waldman, Peter Edelmann, Jacqueline Swaisland and Clare Crummey will be present at the hearing. Canadian Bar Association
2013-09-27 Notice of appearance, Breese Davies and Erin Dann will be present at the hearing. Criminal Lawyers' Association (Ontario)
2013-09-26 Notice of appearance, Marlys Edwardh and Adriel Weaver will be present at the hearing. Canadian Association of Refugee Lawyers
2013-09-26 Notice of appearance, Gerald Chan and Nader Hasan will be present at the hearing. British Columbia Civil Liberties Association
2013-09-24 Correspondence received from, 3 reserved seats requested Amnesty International
2013-09-24 Correspondence received from, 2 reserved seats requested Canadian Council of Criminal Defence Lawyers
2013-09-24 Notice of appearance, John Norris and François Dadour will be present at the hearing. Canadian Council of Criminal Defence Lawyers
2013-09-23 Correspondence received from, 6 reserved seats requested Minister of Citizenship and Immigration
2013-09-23 Order by, Cro, FURTHER TO THE ORDER dated July 17, 2013, granting leave to intervene to the British Columbia Civil Liberties Association, the Canadian Council of Criminal Defence Lawyers, the Canadian Civil Liberties Association, the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and International Civil Liberties Monitoring Group, the Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims), Amnesty International and the Criminal Lawyers' Association (Ontario);
IT IS HEREBY FURTHER ORDERED THAT the said nine interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2013-09-17 Correspondence received from, Faisal Bhabha and Khalid M. Elgazzar by fax, re: oral submissions and change of the name of party Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-09-17 Correspondence received from, 20 reserved seats requested Mohamed Harkat
2013-09-17 Reply factum on appeal, (Book Form), Ministers' closed reply factum, SEALED, Completed on: 2013-09-17 Minister of Citizenship and Immigration
2013-09-17 Correspondence received from, Lorne Waldman by fax, re: oral submissions Canadian Bar Association
2013-09-16 Correspondence received from, Michael Bossin by fax, re: oral submissions Amnesty International
2013-09-16 Correspondence received from, Barbara Jackman by fax, re: oral submissions Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-09-16 Correspondence received from, Breese Davies by fax, re: oral submissions Criminal Lawyers' Association (Ontario)
2013-09-13 Correspondence received from, Marlys Edwardh by fax, re: oral submissions Canadian Association of Refugee Lawyers
2013-09-13 Correspondence received from, John Norris by fax, re: oral submissions Canadian Council of Criminal Defence Lawyers
2013-09-13 Supplemental document, SEALED closed compilation (11 copies and 1 CD-ROM filed), Completed on: 2013-09-13 Minister of Citizenship and Immigration
2013-09-12 Correspondence received from, Anil K. Kapoor by fax, re: oral submissions Canadian Civil Liberties Association
2013-09-11 Intervener's book of authorities, Completed on: 2013-09-11 Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-09-11 Intervener's book of authorities, (2 volumes), Completed on: 2013-09-11 Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-09-11 Intervener's book of authorities, (2 volumes), Completed on: 2013-09-11 Amnesty International
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Amnesty International
2013-09-11 Intervener's book of authorities, Joint, Completed on: 2013-09-11 Canadian Association of Refugee Lawyers
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Canadian Association of Refugee Lawyers
2013-09-11 Intervener's book of authorities, Completed on: 2013-09-11 Canadian Bar Association
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Canadian Bar Association
2013-09-11 Correspondence received from, Nader Hasan dated September 10, 2013. Re: Oral submissions British Columbia Civil Liberties Association
2013-09-11 Intervener's book of authorities, Completed on: 2013-09-11 British Columbia Civil Liberties Association
2013-09-11 Intervener's factum, Completed on: 2013-09-11 British Columbia Civil Liberties Association
2013-09-11 Intervener's book of authorities, Completed on: 2013-09-11 Attorney General of Ontario
2013-09-11 Intervener's factum - AG on constitutional question, Completed on: 2013-09-11 Attorney General of Ontario
2013-09-11 Intervener's factum, Completed on: 2013-09-11 Canadian Council of Criminal Defence Lawyers
2013-09-11 Intervener's book of authorities, (Book Form), Completed on: 2013-09-11 Canadian Civil Liberties Association
2013-09-11 Intervener's factum, (Book Form), Completed on: 2013-09-11 Canadian Civil Liberties Association
2013-09-10 Intervener's factum, Completed on: 2013-09-10 Criminal Lawyers' Association (Ontario)
2013-09-06 Correspondence received from, 3 reserved seats requested Special Advocates
2013-09-05 Notice of change of counsel, Marlys Edwardh and Adriel Weaver will be representing the CARL instead of Jacqueline Swaisland and Agent will be Colleen Bauman of Sack Goldblatt Mitchell LLP Canadian Association of Refugee Lawyers
2013-08-27 Other factum, (Book Form), Special Advocates' closed factum on appeal, 11 copies filed, SEALED-NO REDACTED COPIES (1 copy of CD with closed factum received Aug. 28/13), Completed on: 2013-08-28 Special Advocates
2013-08-21 Supplemental document, (book of authorities on reply factum), Completed on: 2013-08-21 Minister of Citizenship and Immigration
2013-08-21 Reply factum on appeal, (Book Form), Completed on: 2013-08-21 Minister of Citizenship and Immigration
2013-08-21 Notice of hearing sent to parties
2013-08-21 Appeal hearing scheduled, 2013-10-10, Early start time 9:00 a.m. (for the October 10 hearing)
(Previously May 13/2013) The "in camera" (closed) hearing to be heard on October 11, 2013
Judgment reserved
2013-08-13 Appeal perfected for hearing
2013-08-07 Respondent's book of authorities, Completed on: 2013-08-07 Mohamed Harkat
2013-08-07 Respondent's factum, Completed on: 2013-08-07 Mohamed Harkat
2013-07-17 Order on motion for leave to intervene, (by CROMWELL J.)
2013-07-17 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Canadian Council of Criminal Defence Lawyers, the Canadian Civil Liberties Association, the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and International Civil Liberties Monitoring Group, the Canadian Council on American-Islamic Relations, Amnesty International and the Criminal Lawyers' Association (Ontario) for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the British Columbia Civil Liberties Association, the Canadian Council of Criminal Defence Lawyers, the Canadian Civil Liberties Association, the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and International Civil Liberties Monitoring Group, the Canadian Council on American-Islamic Relations, Amnesty International and the Criminal Lawyers' Association (Ontario) are granted and the said nine interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before September 11, 2013.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions
Granted
2013-07-17 Submission of motion for leave to intervene, Cro
2013-07-15 Reply to the motion for leave to intervene, (Letter Form), from Faisal Bhabha dated July 10/13, Completed on: 2013-07-15 Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-07-12 Reply to the motion for leave to intervene, from Andrew Brouwer by fax, dated July 12, 2013, Completed on: 2013-07-12 Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-07-11 Reply to the motion for leave to intervene, from Anil K. Kapoor by fax, dated July 11, 2013, Completed on: 2013-07-11 Canadian Civil Liberties Association
2013-07-11 Reply to the motion for leave to intervene, from John Norris by fax, dated July 11, 2013, Completed on: 2013-07-11 Canadian Council of Criminal Defence Lawyers
2013-07-10 Reply to the motion for leave to intervene, from Michael Bossin by fax, dated July 10, 2013, Completed on: 2013-07-10 Amnesty International
2013-07-10 Reply to the motion for leave to intervene, from Breese Davies by fax, dated July 9, 2013, Completed on: 2013-07-10 Criminal Lawyers' Association (Ontario)
2013-07-10 Reply to the motion for leave to intervene, from Nader R. Hasan and Gerald Chan by mail, dated July 8, 2013, Completed on: 2013-07-10 British Columbia Civil Liberties Association
2013-07-09 Reply to the motion for leave to intervene, from Lorne Waldman by fax, dated July 9, 2013, Completed on: 2013-07-09 Canadian Bar Association
2013-07-08 Reply to the motion for leave to intervene, (Letter Form), from Nader R. Hasan dated July 8/13, Completed on: 2013-07-08 British Columbia Civil Liberties Association
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Criminal Lawyers Association of Ontario, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Canadian Council on American-Islamic Relations, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Canadian Counsel for Refugees and the International Civil Liberties Monitoring Group, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Canadian Council of Criminal Defence Lawyers, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Amnesty International, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Canadian Civil Liberties Association, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by Canadian Association of Refugee Lawyers, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by the Canadian Bar Association, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk by fax, re: response to the motion filed by the British Columbia Civil Liberties Association, Completed on: 2013-07-05 Minister of Citizenship and Immigration
2013-07-04 Response to the motion for leave to intervene, (Letter Form), from Matthew C. Webber by fax, dated July 4/13, Completed on: 2013-07-04 Mohamed Harkat
2013-06-27 Correspondence received from, Dougald E. Brown by fax, re: will act as agent for the Special Advocates Special Advocates
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-26 Criminal Lawyers' Association (Ontario)
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-07-02 Amnesty International
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-26 Canadian Council on American-Islamic Relations (now known as National Council of Canadian Muslims)
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-07-02 Canadian Council for Refugees and International Civil Liberties Monitoring Group
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-26 Canadian Association of Refugee Lawyers
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-26 Canadian Bar Association
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-26 Canadian Civil Liberties Association
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-28 Canadian Council of Criminal Defence Lawyers
2013-06-24 Motion for leave to intervene, (Book Form), Completed on: 2013-06-24 British Columbia Civil Liberties Association
2013-05-29 Appellant's factum, (Book Form), Closed Appellants' Factum, SEALED (2 copies of a CD containing joint closed record and closed factum rcv'd June 5/13), Completed on: 2013-05-29 Minister of Citizenship and Immigration
2013-05-29 Appellant's record, (Book Form), Joint Closed Record of the Ministers and the Special Advocates (31 volumes), SEALED (2 copies of a CD containing joint closed record and closed factum rcv'd June 5/13) (ALL COPIES OF THIS DOCUMENT AND CD-ROM WERE RETURNED TO THE APPLICANTS ON JULY 15, 2014), Completed on: 2013-05-29 Minister of Citizenship and Immigration
2013-05-28 Appellant's book of authorities, (5 volumes), Completed on: 2013-05-28 Minister of Citizenship and Immigration
2013-05-28 Appellant's factum, Completed on: 2013-05-28 Minister of Citizenship and Immigration
2013-04-09 Appellant's record, Joint (41 volumes), Completed on: 2013-04-09 Minister of Citizenship and Immigration
2013-03-12 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-02-12 Notice of constitutional question(s), (Book Form), (served upon AGs Feb 12/13) (only 1 original copy, no supplemental copies) Mohamed Harkat
2013-02-08 Order on miscellaneous motion, (by the Chief Justice)
2013-02-08 Decision on miscellaneous motion, CJ, UPON APPLICATION by the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness (“the Ministers”) for an order stating the following:
1. An in camera (“closed”) hearing shall be scheduled either on or closely after the proposed hearing date of October 10, 2013;
2. Two (“2”) meetings or communications between the Special Advocates and public counsel are authorized subject to the following conditions: (1) discussions are limited to the legal strategy relating to the factum; (2) communication will be limited to discussions with Mr. Harkat's legal counsel; and (3) no classified information will be directly or indirectly disclosed during such communications;
3. The parties and the Special Advocates are permitted to file facta in accordance with the following schedule:
(a) The Ministers shall serve and file a public factum not exceeding 60 pages to address issues raised in respect of both parties’ Notices of Appeal, within 16 weeks after the order stating the constitutional questions is issued;
(b) The Respondent/Appellant, Mohamed Harkat (“the Respondent/Appellant”), shall serve and file a public factum not exceeding 60 pages to address the issues raised in respect of both parties’ Notices of Appeal, within 10 weeks of the service and filing of the Ministers’ factum;
(c) The Ministers may serve and file a reply factum to the Respondent/Appellant’s factum which may not exceed 15 pages, to address issues in respect of the factum, within 2 weeks after the Respondent/Appellant’s factum is served;
(d) The Ministers shall serve and file a closed factum not exceeding 25 pages to address issues raised in respect of both parties’ Notices of Appeal, within 16 weeks after the order stating the constitutional questions is issued;
(e) The Special Advocates on behalf of the Respondent/Appellant shall serve and file a closed factum not exceeding 50 pages to address issues raised in respect of both parties’ Notices of Appeal, within 4 weeks of the filing of the Respondent/Appellant’s factum;
(f) The Ministers may file a closed reply which may not exceed 10 pages, to address issues raised in respect of the Special Advocates’ closed factum, within 2 weeks after the Special Advocates’ closed factum is served;
4. The time to file a joint Public Appeal Record is extended to 16 weeks after the order stating constitutional questions; and the Rules are varied to allow 13 copies of the Joint Appeal Record to be filed;
5. The time to file the Ministers’ public and closed (if any) Book of Authorities is extended to 16 weeks after the order stating constitutional questions; the Respondent/Appellant’s public Book of Authorities is extended to 10 weeks after the filing of the Ministers’ factum; and the Special Advocates’ closed Book of Authorities (if any) is extended to 6 weeks after the filing of the Respondent/Appellant’s factum;
6. That the parties shall file one electronic copy of the Appeal Record filed in the Federal Court of Appeal;
7. The time for the Ministers and Special Advocates to file a joint Closed Appeal Record is extended to 16 weeks after the order stating constitutional questions;
8. The requirement to file an electronic version of the Closed Appeal Record is dispensed with;
9. The requirement to file an electronic version of the Ministers’ or the Special Advocates’ closed Book of Authorities (if any) is dispensed with;
10. The Ministers and Special Advocates are permitted to file 11 copies Closed Appeal Record;
11. The Ministers and Special Advocates are permitted to file 11 copies of their closed factum; and reply (if applicable) with the Court;
12. The Ministers and Special Advocates are permitted to file 11 copies of their closed Book of Authorities (if any) with the Court;
13. All copies of the Closed Appeal Record will be returned to the Canadian Security Intelligence Service after the issuance of the Court’s final judgment in this case.
AND HAVING READ the material filed and on the consent of all parties;
IT IS HEREBY ORDERED THAT:
1. Two (“2”) meetings or communications between the Special Advocates and public counsel are authorized subject to the following conditions: (1) discussions are limited to the legal strategy relating to the factum; (2) communication will be limited to discussions with Mr. Harkat's legal counsel; and (3) no classified information will be directly or indirectly disclosed during such communications;
2. The parties and the Special Advocates are permitted to file facta in accordance with the following schedule:
(a) The Ministers shall serve and file a public factum not exceeding 40 pages to address issues raised in respect of both parties’ Notices of Appeal, to be served and filed on or before May 29, 2013;
(b) The Ministers shall serve and file a closed factum not exceeding 20 pages to address issues raised in respect of both parties’ Notices of Appeal, to be served and filed on or before May 29, 2013;
(c) The Respondent/Appellant shall serve and file a public factum not exceeding 40 pages to address the issues raised in respect of both parties’ Notices of Appeal, to be served and filed on or before August 7, 2013;
(d) The Ministers may serve and file a reply factum to the Respondent/Appellant’s factum which may not exceed 10 pages, to address issues in respect of the factum, to be served and filed on or before August 21, 2013;
(e) The Special Advocates on behalf of the Respondent/Appellant shall serve and file a closed factum not exceeding 30 pages to address issues raised in respect of both parties’ Notices of Appeal, to be served and filed on or before September 4, 2013;
(f) The Ministers may file a closed reply factum which may not exceed 10 pages, to address issues raised in respect of the Special Advocates’ closed factum, be served and filed on or before September 18, 2013;
3. A joint Public Appeal Record shall be served and filed on or before May 29, 2013;
4. The Ministers and Special Advocates shall serve and file a joint Closed Appeal Record on or before May 29, 2013;
5. The Ministers’ public and closed (if any) Book of Authorities shall be served and filed on or before May 29, 2013; the Respondent/Appellant’s public Book of Authorities shall be served and filed on or before August 7, 2013; the Special Advocates’ closed Book of Authorities (if any) shall be served and filed on or before September 18, 2013;
6. The requirement to file an electronic version of the Closed Appeal Record is dispensed with;
7. The requirement to file an electronic version of the Ministers’ or the Special Advocates’ closed Book of Authorities (if any) is dispensed with;
8. The Ministers and Special Advocates are permitted to file 11 copies of the Closed Appeal Record;
9. The Ministers and Special Advocates are permitted to file 11 copies of their closed factum and reply (if applicable);
10. The Ministers and Special Advocates are permitted to file 11 copies of their closed Book of Authorities (if any);
11. All copies of the Closed Appeal Record will be returned to the Canadian Security Intelligence Service after the issuance of the Court’s final judgment in this case.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any notice of intervention respecting constitutional questions shall be served and filed on or before March 13, 2013;
2. Any person interested in applying for leave to intervene shall serve and file their motion on or before June 26, 2013;
3. The responses to any application for leave to intervene to be served and filed no later than July 8, 2013;
4. The replies on any application for leave to intervene to be served and filed no later than July 15, 2013;
5. Any interveners under Rule 55 shall serve and file their factum and book of authorities in accordance with the date set in the order granting leave to intervene;
6. Attorneys General intervening on constitutional questions shall serve and file their factum and book of authorities on or before September 16, 2013;
7. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention;
8. The public appeal shall be heard on October 10, 2013;
9. The in camera (“closed”) hearing shall be heard on October 11, 2013.
Allowed in part
2013-02-08 Submission of miscellaneous motion, CJ
2013-02-07 Order on motion to appoint counsel, (by the Chief Justice)
2013-02-07 Decision on motion to appoint counsel, CJ, UPON APPLICATION by Mohamed Harkat for an order appointing Mr. Paul Cavalluzzo and Mr. Paul Copeland as Special Advocates;
AND HAVING READ the material filed and on the consent of the Ministers;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2013-02-07 Submission of motion to appoint counsel, CJ
2013-02-06 Order on motion to state a constitutional question, (by The Chief Justice)
2013-02-06 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, Mohamed Harkat, for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Do ss. 83(1)(c) and (d) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Do ss. 77(2) and 83(1)(e) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
5. Does s. 83(1)(h) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
7. Does s. 83(1)(i) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
9. Do ss. 85.4(2) and 85.5(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
10. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2013-02-06 Submission of motion to state a constitutional question, CJ
2013-01-21 Correspondence received, from Paul Copeland (Special Advocate), re: consent to motion filed by Minister of Citizenship and Immigration & Minister of Public Safety and Emergency Preparedness, rcv'd by e-mail on January 21, 2013
2013-01-21 Correspondence received, from Paul Cavalluzzo (Special Advocate), re: consent to motion filed by Minister of Citizenship and Immigration & Minister of Public Safety and Emergency Preparedness, rcv'd by e-mail on January 21, 2013
2013-01-21 Correspondence received, from Norm Boxall (counsel for Mohamed Harkat), re: consent to motion filed by Minister of Citizenship and Immigration & Minister of Public Safety and Emergency Preparedness, rcv'd by e-mail on January 21, 2013
2013-01-18 Notice of miscellaneous motion, (Book Form), re: requesting a date for an in camera ("closed") hearing, filing schedule for facta, extensions of time, changes to requirements for filing documents with the Court., Completed on: 2013-01-18 Minister of Citizenship and Immigration
2012-12-21 Response to motion to appoint counsel, Completed on: 2012-12-21 Minister of Citizenship and Immigration
2012-12-21 Motion to appoint counsel, (Letter Form), Mr. Paul Cavalluzzo and Mr. Paul Copeland as Special Advocates. - AMENDED motion filed Jan. 17/13, Completed on: 2012-12-21 Mohamed Harkat
2012-12-21 Response to the motion to state a constitutional question, Completed on: 2012-12-21 Minister of Citizenship and Immigration
2012-12-21 Motion to state a constitutional question, (Letter Form), Completed on: 2012-12-21 Mohamed Harkat
2012-12-21 Notice of appeal, Completed on: 2012-12-21 Mohamed Harkat
2012-12-19 Notice of appeal, Completed on: 2012-12-19 Minister of Citizenship and Immigration
2012-12-17 Correspondence received from, Robert Frater dated December 17, 2012. Re: Urszula Kacmarczyk will be lead counsel for the Appellants Minister of Citizenship and Immigration
2012-12-07 Correspondence received from, Norman D. Boxall, re: Agrees with the position of Robert Frater in his letter dated Dec. 6/2012 Mohamed Harkat
2012-12-06 Correspondence received from, Robert Frater, re: Lengthier filing deadlines and to have the appeal scheduled in the fall term Minister of Citizenship and Immigration
2012-11-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-23 Judgment on leave sent to the parties
2012-11-22 Decision on the application for leave to appeal, CJ Ro Mo, The applications for leave to appeal from the judgment of the Federal Court of Appeal, Number A-76-11, 2012 FCA 122, dated April 25, 2012, are granted without costs.
Granted, without costs
2012-09-24 All materials on application for leave submitted to the Judges, CJ Ro Mo
2012-09-04 Applicant's reply to respondent's argument, (Book Form), Completed on: 2012-09-04 Mohamed Harkat
2012-09-04 Applicant's reply to respondent's argument, Completed on: 2012-09-04 Minister of Citizenship and Immigration
2012-08-24 Correspondence received from, New covers for the respondent's response Mohamed Harkat
2012-08-22 Book of authorities, (Book Form), 2nd application Minister of Citizenship and Immigration
2012-08-22 Respondent's response on the application for leave to appeal, (Book Form), second application - CD requested, Completed on: 2012-08-22 Minister of Citizenship and Immigration
2012-08-22 Respondent's response on the application for leave to appeal, (Book Form), 1st application - CD rec'd (new covers rec'd Aug. 24/12, Completed on: 2012-08-22 Mohamed Harkat
2012-06-29 Letter acknowledging receipt of a complete application for leave to appeal, Second application
2012-06-29 Letter acknowledging receipt of a complete application for leave to appeal, First application
2012-06-25 Application for leave to appeal, (4 volumes) Second application (Final CA Order included in first appl.), Completed on: 2012-06-25 Mohamed Harkat
2012-06-22 Supplemental document, (4 SEALED envelopes) (Sealed material returned Dec. 20/12_ Minister of Citizenship and Immigration
2012-06-22 Correspondence received from, David Tyndale, dated June 22/12, Re: description of sealed information Minister of Citizenship and Immigration
2012-06-22 Book of authorities Minister of Citizenship and Immigration
2012-06-22 Application for leave to appeal, (3 volumes) First application, Completed on: 2012-06-25 Minister of Citizenship and Immigration