Docket

30762

Adil Charkaoui v. Minister of Citizenship and Immigration, et al.

(Federal Court) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2007-03-06 Appeal closed
2007-02-26 Formal judgment sent to the registrar of the court of appeal and all parties
2007-02-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-02-23 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeals from the judgments of the Federal Court of Appeal, Numbers A-603-03, 2004 FCA 421, A-144-05, 2005 FCA 285, and A-169-04, 2005 FCA 54, dated December 10, 2004, September 6, 2005, and February 8, 2005, heard on June 13, 2006, are allowed with costs to the appellants.
The procedure, under Division 9 of Part 1 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, is inconsistent with the Canadian Charter of Rights and Freedoms, and hence of no force or effect. This declaration is suspended for one year from the date of this judgment. However, as of the date of this judgment, s. 84(2) is struck, foreign nationals are read into s. 83, and the words "until a determination is made under subsection 80(1)" are struck from s. 83(2).
The constitutional questions are answered as follows:
(see long)
Allowed, with costs
2006-08-14 Media lock-up request accepted
2006-08-14 Media lock-up consent form received from, Johanne Doyon, dated Aug 4/06 Adil Charkaoui
2006-08-01 Media lock-up consent form received from, Bernard Laprade, dated Aug.1/06 Minister of Citizenship and Immigration
2006-07-24 Transcript received, (325 pages)
2006-07-17 Media lock-up letter, consent form and undertaking sample sent to all parties
2006-07-17 Media lock-up requested or proposed
2006-06-14 Judgment reserved OR rendered with reasons to follow
2006-06-14 Supplemental document, Judgment form SCC - Martineau v. Minister of National Revenue Minister of Citizenship and Immigration
2006-06-13 Supplemental document, Joint condensed book - Submitted in Court (14 copies) Federation of Law Societies of Canada
2006-06-13 Supplemental document, Joint condensed book - Submitted in Court (14 copies) University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-06-13 Supplemental document, Joint condensed book - Submitted in Court (14 copies) Canadian Civil Liberties Association
2006-06-13 Respondent's condensed book, Submitted in Court (14 copies) Minister of Citizenship and Immigration
2006-06-13 Appellant's condensed book, Submitted in Court (14 copies) (2 volumes) Adil Charkaoui
2006-06-13 Acknowledgement and consent for video taping of proceedings, From all parties
2006-06-13 Hearing of the appeal, 2006-06-13, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-06-13 Order on motion to extend time
2006-06-13 Decision on motion to extend time, to serve and file the intervener, Canadian Council for Refugees, et al, book of authorities to May 31/06, Reg
Granted
2006-06-12 Submission of motion to extend time, Reg
2006-06-12 Correspondence received from, Greenspan, White dated June 9/06 re: CDRom Canadian Civil Liberties Association
2006-06-09 Respondent's book of authorities, (Supplemental - joint with 30929 and 31178), Completed on: 2006-06-09 Minister of Citizenship and Immigration
2006-06-08 Motion to extend time, to file the interveners' book of authorities to May 31/06 (joint with 30929-31178), Completed on: 2006-06-12 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-06-06 Notice of appearance, Johanne Doyon and Yavar Hameed will be present at the hearing. Adil Charkaoui
2006-06-05 Notice of appearance, Sharryn Aiken, Marie Chen and Mary Eberts will be present at the hearing. Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-06-05 Notice of appearance, Michael Bossin, Owen Rees, Vanessa Gruben and Thomas G. Conway will be present at the hearing. Amnesty International
2006-06-05 Notice of appearance, R. Douglas Elliott and Gabriel R. Fahel will be present at the hearing. (Confirmed by phone) Canadian Arab Federation
2006-06-05 Notice of appearance, Neil Finkelstein and Catherine Beagan Flood will be present at the hearing. Federation of Law Societies of Canada
2006-06-05 Notice of appearance, Lorne Waldman will be present at the hearing. Canadian Bar Association
2006-06-02 Notice of appearance, David Baker and Faisal Bhabha will be present at the hearing. Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-06-01 Notice of appearance, Edward L. Greenspan, Q.C. and David N. Tice will be present at the hearing. Canadian Civil Liberties Association
2006-05-31 Book of authorities, vol. I & II (joint with 30929 & 31178), Incomplete Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-05-31 Notice of appearance, Gregory P. DelBigio and Jason B. Gratl will be present at the hearing. British Columbia Civil Liberties Association
2006-05-31 Notice of appearance, Michael Code will be present at the hearing. Criminal Lawyers' Association (Ontario)
2006-05-31 Notice of appearance, Sujit Choudhry and Robert A. Centa will be present at the hearing. University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-05-30 Notice of appearance, John Corelli and Ian Bulmer will be present at the hearing. Attorney General of Ontario
2006-05-29 Order by, LeB, FURTHER TO THE ORDER of LeBel J. dated May 4, 2006, granting leave to intervene to the University of Toronto, Faculty of Law – International Human Rights Clinic and Human Rights Watch; Criminal Lawyers' Association (Ontario); Canadian Council of American-Islamic Relations and Canadian Muslim Civil Liberties Association; Canadian Bar Association; Canadian Civil Liberties Association; Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada; Amnesty International Canada; Federation of Law Societies of Canada; and, the British Columbia Civil Liberties Association for leave to intervene in the above three appeals, Adil Charkaoui (30762), Hassan Almrei (30929)and Mohamed Harkat (31178); to the Canadian Arab Federation in the appeal of Adil Charkaoui (30762); to the Attorney General of Ontario in the appeal of Hassan Almrei (30929);
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the above mentioned three appeals.
Granted
2006-05-26 Book of authorities, (joint with 31178 and 30929), Completed on: 2006-06-06 University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-05-26 Intervener's factum, (joint with 31178 and 30929 - service rec'd June 5/06) New CD rec'd June 8/06, Completed on: 2006-06-12 University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-05-26 Book of authorities, vol. I to IX (joint with 30929 & 31178), Completed on: 2006-05-26 Federation of Law Societies of Canada
2006-05-26 Intervener's factum, (joint with 30929 & 31178), New CD rec'd June 8/06, Completed on: 2006-06-12 Federation of Law Societies of Canada
2006-05-26 Intervener's factum, (joint with 30929 & 31178), New CD rec'd June 8/06, Completed on: 2006-06-12 British Columbia Civil Liberties Association
2006-05-26 Book of authorities, vol. I to III (joint with 30929 & 31178), Completed on: 2006-05-26 Amnesty International
2006-05-26 Intervener's factum, (joint with 30929 & 31178), Completed on: 2006-05-26 Amnesty International
2006-05-26 Book of authorities, (Joint with 31178 and 30929), Completed on: 2006-05-26 Canadian Civil Liberties Association
2006-05-26 Intervener's factum, (Joint with 31178 and 30929), New CD rec'd June 12/06, Completed on: 2006-06-12 Canadian Civil Liberties Association
2006-05-26 Book of authorities, Completed on: 2006-05-26 Canadian Arab Federation
2006-05-26 Intervener's factum, Completed on: 2006-05-26 Canadian Arab Federation
2006-05-26 Intervener's factum, (Joint with 31178 and 30929) (CD returned - OCR version rec'd June 12/06), Completed on: 2006-06-12 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-05-26 Book of authorities, (joint with 30929 & 31178), Completed on: 2006-05-26 Criminal Lawyers' Association (Ontario)
2006-05-26 Intervener's factum, (joint with 30929 & 31178), Completed on: 2006-05-30 Criminal Lawyers' Association (Ontario)
2006-05-26 Intervener's factum, (Joint with 31178 and 30929), Completed on: 2006-05-26 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-05-26 Book of authorities, (Vol. I and II - Joint with 31178 and 30929), Completed on: 2006-05-30 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-05-25 Book of authorities, (Joint with 31178 and 30929), Completed on: 2006-05-25 Canadian Bar Association
2006-05-24 Intervener's factum, (Joint with 31178 and 30929), New CD rec'd June June 8/06, Completed on: 2006-06-12 Canadian Bar Association
2006-05-19 Correspondence received from, Mrs. Doyon, dated May 18/06, responding to Mr. Laprade's letter of May 15/06 Adil Charkaoui
2006-05-19 Book of authorities, (Joint with 31178), Completed on: 2006-05-19 Attorney General of Ontario
2006-05-19 Intervener's factum - AG on constitutional question, (Joint with 31178) CD rec'd May 24/06, Completed on: 2006-05-24 Attorney General of Ontario
2006-05-15 Correspondence received from, Bernard Laprade re: requesting changes to the counsel sheet (cc. to all parties) (rec'd by fax) Minister of Citizenship and Immigration
2006-05-10 Correspondence received from, Bernard Laprade dated May 10/06 with page 41 of the respondents' factum Minister of Citizenship and Immigration
2006-05-08 Correspondence (sent by the Court) to, the appellant and respondents re: interventions
2006-05-05 Letter sent to Intervener(s)
2006-05-04 Order on motion for leave to intervene, (BY LEBEL J.)
2006-05-04 Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by University of Toronto, Faculty of Law – International Human Rights Clinic and Human Rights Watch; Criminal Lawyers' Association (Ontario); Canadian Council of American-Islamic Relations and Canadian Muslim Civil Liberties Association; Canadian Bar Association; Canadian Civil Liberties Association; Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada; Amparo Torres Victoria and Refugee Lawyers' Association of Ontario; Amnesty International Canada; and, Federation of Law Societies of Canada for leave to intervene in the above three appeals, Adil Charkaoui (30762), Hassan Almrei (30929)and Mohamed Harkat (31178);
AND UPON APPLICATION by British Columbia Civil Liberties Association for an extension of time to apply for leave to intervene and for leave to intervene in the appeal of Adil Charkaoui (30762); and for leave to intervene in the appeals of Hassan Almrei (30929) and Mohamed Harkat (31178);
AND UPON APPLICATION by Canadian Lawyers for International Human Rights in the appeals of Adil Charkaoui (30762) and Hassan Almrei (30929);
AND UPON APPLICATION by Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub in the appeals of Adil Charkaoui (31762) and Mohamed Harkat (31178);
AND UPON APPLICATIONS by Conseil musulman de Montréal / Muslim Council of Montréal; Omar Ahmed Khadr; and Canadian Arab Federation in the appeal of Adil Charkaoui (30762);
AND UPON APPLICATIONS by Attorney General of Ontario; and League for Human Rights of B'nai Brith Canada in the appeals of Hassan Almrei (30929);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
INTERVENTIONS IN ALL THREE (3) APPEALS, ADIL CHARKAOUI (30762), HASSAN ALMREI (30929) AND MOHAMED HARKAT (31178)
The motions for leave to intervene of the applicants University of Toronto, Faculty of Law – International Human Rights Clinic and Human Rights Watch, are granted and the applicants shall be entitled to serve and file a single joint factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicant, Criminal Lawyers' Association (Ontario), are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006. The motions for leave to intervene of the applicants, Canadian Council of American-Islamic Relations and Canadian Muslim Civil Liberties Association, are granted and the applicants shall be entitled to serve and file a single joint factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicant, Canadian Bar Association, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicant,Canadian Civil Liberties Association, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicants, Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada, are granted and the applicants shall be entitled to serve and file a single joint factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicant, Amnesty International Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicant, Federation of Law Societies of Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, British Columbia Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicants Amparo Torres Victoria and Refugee Lawyers' Association of Ontario are dismissed.
INTERVENTIONS IN CHARKAOUI (30762) AND ALMREI (30929)
The motions for leave to intervene of the applicant Canadian Lawyers for International Human Rights are dismissed.
INTERVENTIONS IN CHARKAOUI (30762) AND HARKAT (31178)
The motions for leave to intervene of the applicants Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub are dismissed.
INTERVENTIONS IN CHARKAOUI (30762)
The motion for leave to intervene of the applicant, Canadian Arab Federation, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motions for leave to intervene of the applicants Conseil musulman de Montréal / Muslim Council of Montréal; and Omar Ahmed Khadr are dismissed.
INTERVENTIONS IN ALMREI (30929)
The motion for leave to intervene of the applicant, Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 26, 2006.
The motion for leave to intervene of the applicant, League for Human Rights of B'nai Brith Canada is dismissed.
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 shall not be 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.
Allowed in part
2006-05-03 Submission of motion for leave to intervene, LeB
2006-05-01 Correspondence received from, Bernard Laprade dated May 1/06 re: replacement of Sollicitor General of Canada by Department of Public Safety and Emergency Preparedness Minister of Citizenship and Immigration
2006-04-28 Correspondence received from, Confirming the agent Michelle Flaherty Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-04-24 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated Apr. 24/06 (by B.C. Civil Lib.), Completed on: 2006-04-24 Minister of Citizenship and Immigration
2006-04-18 Response to the motion for leave to intervene, (Letter Form), from Johanne Doyon dated Apr. 18/06, Completed on: 2006-04-18 Adil Charkaoui
2006-04-11 Motion for leave to intervene, (extension of time included)(bookform)(joint with 30929 & 31178), Completed on: 2006-04-13 British Columbia Civil Liberties Association
2006-04-07 Respondent's book of authorities, Completed on: 2006-04-07 Minister of Citizenship and Immigration
2006-04-07 Respondent's record, Completed on: 2006-04-07 Minister of Citizenship and Immigration
2006-04-07 Respondent's factum, Completed on: 2006-04-07 Minister of Citizenship and Immigration
2006-04-06 Appeal perfected for hearing
2006-03-27 Reply to the motion for leave to intervene, Completed on: 2006-03-27 Federation of Law Societies of Canada
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), (by fax) D. Baker dated Mar. 24/06, Completed on: 2006-03-24 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), from R. Douglas Elliott dated March 24/06, Completed on: 2006-03-24 Canadian Arab Federation
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), from Noël Saint-Pierre dated March 24/04, Completed on: 2006-03-24 Muslim Council of Montreal
2006-03-24 Reply to the motion for leave to intervene, (bookform), Completed on: 2006-03-24 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), from Robert A. Centa dated March 24/06, Completed on: 2006-03-24 University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), from Barbara Jackman dated March 23/06, Completed on: 2006-03-24 Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub
2006-03-24 Reply to the motion for leave to intervene, (Letter Form), from Thomas G. Conway dated March 22/06, Completed on: 2006-03-24 Amnesty International
2006-03-23 Reply to the motion for leave to intervene, (Letter Form), from Raoul Boulakia dated March 23/06, Completed on: 2006-03-23 Amparo Torres Victoria and Refugee Lawyers' Association of Ontario
2006-03-22 Reply to the motion for leave to intervene, (Letter Form), from Gib van Ert dated March 22/06, Completed on: 2006-03-22 Canadian Lawyers for International Human Rights
2006-03-21 Response to the motion for leave to intervene, (Letter Form), from Johanne Doyon dated March 20/06 (by all interveners but Can. Bar Ass.), Completed on: 2006-03-24 Adil Charkaoui
2006-03-20 Reply to the motion for leave to intervene, (Letter Form), from Michael Code dated March 20/06, Completed on: 2006-03-20 Criminal Lawyers' Association (Ontario)
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Jaballah and Mahjoub), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Amnesty Intern.), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Amparo T. Victoria et al), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Can. Arab Federation), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Fed. of Law Societies of Can.), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Omar Ahmed Khadr), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Muslim Council of Mtl), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Can. Council for Refugees et al), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Crim. Lawyers Ass.), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Can. Civil Liberties Ass.), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Can. Lawyers for Int. Human Rights), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by U. of Toronto et al), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-20 Response to the motion for leave to intervene, (Letter Form), from Bernard Laprade dated March 20/06 (by Can. Council on American-Islamic Rel. et al), Completed on: 2006-03-20 Minister of Citizenship and Immigration
2006-03-14 Correspondence received from, Gib van Ert dated March 14/06 re: name of organization in english and french Canadian Lawyers for International Human Rights
2006-03-13 Notice of hearing sent to parties
2006-03-13 Appeal hearing scheduled, 2006-06-13, Previously May 10/06
Judgment reserved
2006-03-10 Book of authorities, on motion to intervene (vol. I to III), Completed on: 2006-03-10 Federation of Law Societies of Canada
2006-03-10 Motion for leave to intervene, Completed on: 2006-03-13 Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub
2006-03-10 Motion for leave to intervene, (bookfom), Completed on: 2006-03-10 Amnesty International
2006-03-10 Motion for leave to intervene, (bookform), Completed on: 2006-03-10 Amparo Torres Victoria and Refugee Lawyers' Association of Ontario
2006-03-10 Motion for leave to intervene, Completed on: 2006-03-10 Canadian Arab Federation
2006-03-10 Motion for leave to intervene, (bookform), Completed on: 2006-03-10 Federation of Law Societies of Canada
2006-03-10 Motion for leave to intervene, (bookform), Completed on: 2006-03-10 Omar Ahmed Khadr
2006-03-10 Motion for leave to intervene, Completed on: 2006-03-17 Muslim Council of Montreal
2006-03-10 Motion for leave to intervene, (bookform), Completed on: 2006-03-10 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-03-09 Motion for leave to intervene, (bookform), Completed on: 2006-03-09 Criminal Lawyers' Association (Ontario)
2006-03-09 Motion for leave to intervene, (bookform), Completed on: 2006-03-09 Canadian Civil Liberties Association
2006-03-09 Motion for leave to intervene, (bookform), Completed on: 2006-03-09 Canadian Lawyers for International Human Rights
2006-03-08 Motion for leave to intervene, (bookform), Completed on: 2006-03-08 University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
2006-03-08 Motion for leave to intervene, (bookform), Completed on: 2006-03-08 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-03-03 Response to the motion for leave to intervene, (Letter Form), from Johanne Doyon dated March 2/06, Completed on: 2006-03-03 Adil Charkaoui
2006-02-28 Reply to the motion for leave to intervene, (Letter Form), from L. Waldman dated Feb. 25, 2006, Incomplete Canadian Bar Association
2006-02-23 Response to the motion for leave to intervene, (Letter Form), from B. Laprade dated Feb. 23, 2006 (fax copy), Completed on: 2006-02-23 Minister of Citizenship and Immigration
2006-02-21 Correspondence received from, Gowlings re: address to Mr. Laprade in regards to is letter of Feb. 1/06 Canadian Bar Association
2006-02-09 Appellant's record, Vol. 1 to 10, Completed on: 2006-02-09 Adil Charkaoui
2006-02-09 Appellant's book of authorities, Vol 1 and 2, Completed on: 2006-02-09 Adil Charkaoui
2006-02-09 Appellant's factum, Vol. 1 and 2, Completed on: 2006-02-09 Adil Charkaoui
2006-02-02 Correspondence received from, Mr. Laprade dated Feb. 1/06 re: will file response to leave to intervene once the appellant's factum is filed. (fax to all parties) Minister of Citizenship and Immigration
2006-01-24 Motion for leave to intervene, Completed on: 2006-01-24 Canadian Bar Association
2005-12-21 Notice of intervention respecting a constitutional question Attorney General of Ontario
2005-11-23 Notice of constitutional question(s) Adil Charkaoui
2005-11-16 Order on motion to state a constitutional question
2005-11-16 Decision on the motion to state a constitutional question, CJ, 1. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, offend the principle of judicial independence protected by:
(a) s. 96 of the Constitution Act, 1867, or
(b) the Preamble to the Constitution Act, 1867?
2. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, offend the constitutional principle of the rule of law?
3. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, 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. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, infringe s. 9 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. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, infringe s. 10 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. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, infringe s. 12 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?
11. Do ss. 33 and 77 to 85 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, in whole or in part or through their combined effect, infringe s. 15 of the Canadian Charter of Rights and Freedoms?
12. 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
2005-10-21 Correspondence received from, Johanne Doyon dated Oct. 21/05 in response to the Court's letter (Original rec'd Nov. 1/05) Adil Charkaoui
2005-10-17 Correspondence (sent by the Court) to, all parties; re: const. questions
2005-10-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-10-04 Submission of motion to state a constitutional question, CJ
2005-09-26 Reply to the motion to state a constitutional question, (Letter Form), from J. Doyon dated September 26, 2005 (fax copy), Completed on: 2005-09-26 Adil Charkaoui
2005-09-16 Response to the motion to state a constitutional question, Completed on: 2005-09-16 Minister of Citizenship and Immigration
2005-09-09 Motion to state a constitutional question, Completed on: 2005-09-09 Adil Charkaoui
2005-09-09 Notice of appeal, Completed on: 2005-09-09 Adil Charkaoui
2005-08-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-08-26 Judgment on leave sent to the parties
2005-08-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-603-03, dated December 10, 2004, is granted with costs in any event of the cause.
Granted, with costs
2005-06-27 All materials on application for leave submitted to the Judges, Ba LeB De
2005-03-21 Applicant's reply to respondent's argument, Completed on: 2005-03-21 Adil Charkaoui
2005-03-10 Respondent's response on the application for leave to appeal, Completed on: 2005-03-10 Minister of Citizenship and Immigration
2005-02-16 Letter acknowledging receipt of a complete application for leave to appeal
2005-02-08 Court of Appeal casebooks and transcripts of evidence, (3 copies of 6 vols.)
2005-02-08 Application for leave to appeal, (3 vols.), Completed on: 2005-02-08 Adil Charkaoui