Docket

30929

Hassan Almrei v. Minister of Citizenship & Immigration, et al.

(Federal) (Civil) (By Leave)

(Sealing order)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2007-05-03 General proceeding, Note to File: 16 boxes of SEALED In camera, ex parte Material and Memorandum filed April 18, 2006 by the respondents were returned to counsel for the respondents. A single copy (2 boxes) were kept for the Court file. Minister of Citizenship & Immigration
2007-05-03 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
2007-02-01 Correspondence received from, Cheryl D. Mitchell dated Feb. 1/07 re: appellant filed a Federal Court action against Kingston Immigration Holding Centre (sent to the Court Feb. 2/07) Minister of Citizenship & Immigration
2006-08-01 Media lock-up request accepted
2006-08-01 Media lock-up consent form received from, Cheryl D. Mitchell, dated July 27/06 Minister of Citizenship & Immigration
2006-07-24 Transcript received, (325 pages)
2006-07-21 Media lock-up consent form received from, Barbara Jackman, dated July 21/06 Hassan Almrei
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
2006-07-14 Correspondence received from, Cheryl D. Mitchell dated July 14/06 re: further proceedings in the Federal Court (sent to the Court July 17/06) Minister of Citizenship & Immigration
2006-06-14 Judgment reserved OR rendered with reasons to follow
2006-06-14 Supplemental document, List of Security Certificates - Submitted in Court (14 copies) Hassan Almrei
2006-06-13 Supplemental document, Joint Condensed Book - Submitted in Court (14 copies) Canadian Civil Liberties Association
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 Respondent's condensed book, Submitted in Court (14 copies) Minister of Citizenship & Immigration
2006-06-13 Appellant's condensed book, Submitted in Court (14 copies) Hassan Almrei
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: CD Rom Canadian Civil Liberties Association
2006-06-09 Respondent's book of authorities, (Supplemental - Joint with 31178 and 30762), Completed on: 2006-06-09 Minister of Citizenship & Immigration
2006-06-08 Motion to extend time, to file the interveners' book of authorities to May 31/06 (joint with 30762-31178), 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
2006-06-05 Respondent's book of authorities, Supplemental (sent to the judges June 6/06), Completed on: 2006-06-05 Minister of Citizenship & Immigration
2006-06-05 Supplemental document, Transcripts of Cross Examinations of Nicolaas Oosterveen and Hassan Almrei - Vol. I & II (see order of May 15/06) (sent to the judges June 6/06) Minister of Citizenship & Immigration
2006-06-05 Supplemental factum, (see order of May 15/06) (with CD-Rom) (sent to the judges June 6/06) Minister of Citizenship & Immigration
2006-06-05 Supplemental factum, (see order of May 15/06) (with CD-Rom) (sent to the judges June 6/06) Hassan Almrei
2006-06-01 Notice of appearance, Urszula Kaczmarczyk, Donald MacIntosh and Cheryl D. Mitchell will be present at the hearing. Minister of Citizenship & Immigration
2006-05-31 Book of authorities, vol. I & II (joint with 30762 & 31178), Incomplete Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-05-30 Notice of appearance, Shaun Nakatsuru and Michael Doi will be present at the hearing. Attorney General of Ontario
2006-05-30 Notice of appearance, John Norris and Barbara Jackman will be present at the hearing. Hassan Almrei
2006-05-30 Affidavit, of Nicolaas Oosterveen (service requested) (pursuant to Justice LeBel's order dated May 15, 2006) book form - 26 copies (sent to the judges May 31/06) Minister of Citizenship & Immigration
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 30762 and 31178), Completed on: 2006-06-12 University of Toronto, Faculty of Law, International Human Rights Clinic and Human Rights Watch
2006-05-26 Intervener's factum, (joint with 30762 and 31178), 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 30762 & 31178), Completed on: 2006-05-26 Federation of Law Societies of Canada
2006-05-26 Intervener's factum, (joint with 30762 & 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 30762 & 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 30762 & 31178), Completed on: 2006-05-26 Amnesty International
2006-05-26 Intervener's factum, (joint with 30762 &31178), Completed on: 2006-05-26 Amnesty International
2006-05-26 Book of authorities, (Joint with 30762 and 31178), Completed on: 2006-05-26 Canadian Civil Liberties Association
2006-05-26 Intervener's factum, (Joint with 30762 and 31178), 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 Attorney General of Ontario
2006-05-26 Intervener's factum, Completed on: 2006-05-26 Attorney General of Ontario
2006-05-26 Book of authorities, (joint with 30762 & 31178), Completed on: 2006-05-26 Criminal Lawyers' Association (Ontario)
2006-05-26 Intervener's factum, (joint with 30762 & 31178), Completed on: 2006-05-26 Criminal Lawyers' Association (Ontario)
2006-05-26 Intervener's factum, (Joint with 30762 and 31178) (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, (Vol. I and II - joint with 30762 and 31178), Completed on: 2006-05-26 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-05-26 Intervener's factum, (Joint with 30762 and 31178), Completed on: 2006-05-26 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-05-25 Book of authorities, (Joint with 30762 and 31178), Completed on: 2006-05-25 Canadian Bar Association
2006-05-24 Intervener's factum, (Joint with 30762 and 31178), New CD rec'd June 8/06, Completed on: 2006-06-12 Canadian Bar Association
2006-05-23 Affidavit, of Hassan Almrei sworn on May 20/06 re: conditions of detention (see order of LeBel J. of May 15/06)(sent to the Court on May 25/06) Hassan Almrei
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 & Immigration
2006-05-15 Order on motion to adduce new evidence
2006-05-15 Decision on motion to adduce new evidence, LeB, 1. The Affidavit of Nicolaas Oosterveen is admitted into evidence in this appeal, and the Appellant is permitted to file a reply affidavit on or before May 23, 2006, limited to the issues raised in the affidavit of Nicolaas Oosterveen, namely the transfer to and conditions of detention at Kingston Immigration Holdings Centre.
2. Cross-examination on the affidavits shall be held on May 26 and 29, 2006.
3. The cross-examination shall be conducted by a commissioner for oaths agreed upon by the parties.
4. The Appellant's memorandum of argument relating to this affidavit (not to exceed 10 pages) shall be served and filed on or before, June 5, 2006.
5. The Respondents memorandum of argument relating to this affidavit (not to exceed 10 pages) shall be served and filed on or before, June 5, 2006. The whole without costs.
Granted
2006-05-12 Submission of motion to adduce new evidence, LeB
2006-05-10 Appeal perfected for hearing
2006-05-09 Respondent's book of authorities, (Vol. 1 to 3), Completed on: 2006-05-09 Minister of Citizenship & Immigration
2006-05-09 Respondent's factum, CD rec' May 9, 2006, Completed on: 2006-05-09 Minister of Citizenship & Immigration
2006-05-08 Reply to motion to adduce new evidence, Completed on: 2006-05-08 Minister of Citizenship & Immigration
2006-05-08 Correspondence (sent by the Court) to, the appellant and respondents re: interventions
2006-05-05 Correspondence received from, Shaun Nakatsuru dated May 5/06 to reply to Ms. Jackman's letter dated Apr. 17/06 re: motion to adduce fresh evidence Attorney General of Ontario
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
2006-05-03 Response to the motion to adduce new evidence, (Letter Form), from Barbara Jackman dated Apr. 17/06 (sic), Completed on: 2006-05-03 Hassan Almrei
2006-04-28 Correspondence received from, Sack Goldblatt Mitchell re: confirming agent Michelle Flaherty Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-04-28 Reply to the motion for leave to intervene, Completed on: 2006-04-28 Federation of Law Societies of Canada
2006-04-28 Reply to the motion for leave to intervene, Completed on: 2006-04-28 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-04-25 Motion to adduce new evidence, Completed on: 2006-04-25 Minister of Citizenship & Immigration
2006-04-25 Reply to the motion for leave to intervene, (Letter Form), from Gib van Ert dated Apr. 25/06, Completed on: 2006-04-25 Canadian Lawyers for International Human Rights
2006-04-25 Reply to the motion for leave to intervene, (Letter Form), from David Matas dated Apr. 21/06 (to respondents' response), Completed on: 2006-04-25 League for Human Rights of B'nai Brith Canada
2006-04-21 Reply to the motion for leave to intervene, (Letter Form), from Raoul Boulakia dated Apr. 21/06 (original rec'd Apr. 25/06), Completed on: 2006-04-21 Amparo Torres Victoria and Refugee Lawyers' Association of Ontario
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by Can. Lawyers for Int. Human Rights), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by B'nai Brith), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by Amnesty Int.), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by Fed. of Law Societies), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by Amparo Torres Victoria et al), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 20/06 (by Can. Council for Refugees et al), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 20/06 (by Can. Council on Amer.-Islamic Rel. et al.), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 20/06 (by B.C. Civil Liberties), Completed on: 2006-04-21 Minister of Citizenship & Immigration
2006-04-20 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 20/06 (by Can. Civil Lib.), Completed on: 2006-04-20 Minister of Citizenship & Immigration
2006-04-20 Response to the motion for leave to intervene, (Letter Form), from Barbara Jackman dated Apr. 20/06 (by Can. Bar Ass., Crim. Lawyers' Ass and U. of Toronto et al), Completed on: 2006-04-20 Hassan Almrei
2006-04-20 Reply to the motion for leave to intervene, (Letter Form), from Davis Matas dated Apr. 19/06 (to appellant's response), Completed on: 2006-04-20 League for Human Rights of B'nai Brith Canada
2006-04-20 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 19/06 (by U. of Toronto et al), Completed on: 2006-04-20 Minister of Citizenship & Immigration
2006-04-20 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 19/06 (by A.G. of Ont.), Completed on: 2006-04-20 Minister of Citizenship & Immigration
2006-04-18 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 18/06 (by Can. Bar Ass.), Completed on: 2006-04-18 Minister of Citizenship & Immigration
2006-04-18 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 18/06 (by Crim. Lawyers's Ass.), Completed on: 2006-04-18 Minister of Citizenship & Immigration
2006-04-18 Response to the motion for leave to intervene, (Letter Form), from Barbara Jackman dated Apr. 17/06 (by all interveners but Can. Bar Ass., Crim. Lawyers' Ass. and U. of Toronto, et al)), Completed on: 2006-04-18 Hassan Almrei
2006-04-18 General proceeding, 18 boxes of the in camera, ex parte evidence - SEALED Minister of Citizenship & Immigration
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-11 Canadian Lawyers for International Human Rights
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-11 Amnesty International
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-11 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-04-11 Motion for leave to intervene, (bookform)(joint with 31178), Completed on: 2006-04-11 Amparo Torres Victoria and Refugee Lawyers' Association of Ontario
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-11 Canadian Civil Liberties Association
2006-04-11 Book of authorities, on motion to intervene Vol. I to III, Completed on: 2006-04-12 Federation of Law Societies of Canada
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-12 Federation of Law Societies of Canada
2006-04-11 Motion for leave to intervene, (bookform)(joint with 30762 & 31178), Completed on: 2006-04-13 British Columbia Civil Liberties Association
2006-04-10 Motion for leave to intervene, (bookform), Completed on: 2006-04-10 League for Human Rights of B'nai Brith Canada
2006-04-10 Motion for leave to intervene, (bookform), Completed on: 2006-04-10 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-04-10 Motion for leave to intervene, on Appellant's conditions of detention, Completed on: 2006-04-10 Attorney General of Ontario
2006-04-07 Motion for leave to intervene, Completed on: 2006-04-10 Canadian Bar Association
2006-04-06 Correspondence received from, Urszula Kaczmarczyk dated Apr. 6/06 re: replacement of Sollicitor General of Canada by Department of Public Safety and Emergency Preparedness (original rec'd Apr. 11/06) Minister of Citizenship & Immigration
2006-03-29 Order on miscellaneous motion, (BY THE CHIEF JUSTICE)
2006-03-29 Decision on miscellaneous motion, CJ, UPON MOTION by counsel on behalf of the respondents for an order that:
1) the in camera, ex parte evidence before Justice Blanchard at the Federal Court of Canada consisting of 12 volumes totalling approximately 1600 pages, and the partial transcript of the Federal Court in camera, ex parte hearings totalling approximately 200 pages, shall be filed and sealed and made available only to the Justices of the Court hearing this appeal;
2) in the event that the Court decides that it is necessary to determine whether Justice Blanchard erred in finding that the appellant's release from detention would pose a danger to national security or to the safety of any person, the respondents shall make available to the Justices of the Court a witness from the Canadian Security Intelligence Service to assist the Court in its review of the in camera, ex parte evidence. The Court shall hear the evidence of that witness in camera, ex parte in the presence of only counsel for the respondents. The Court shall also hear in camera, ex parte argument from counsel for the respondents as to whether Justice Blanchard erred in the assessment of the in camera, ex parte evidence that had been before him;
3) following the conclusion of the appeal, the Registrar shall return in person to counsel for the respondent the in camera, ex parte evidence; and
4) no costs are awarded on this motion.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1) The motion is allowed in part;
2) The respondents shall file nine (9) copies of the in camera, ex parte evidence before Justice Blanchard at the Federal Court and the partial transcript of the Federal Court in camera, ex parte hearing (collectively the "in camera, ex parte Material"). The in camera, ex parte Material shall be sealed and made available only to the Justices of the Court and, for purposes of handling and distribution only, to the Registrar;
3) The request for an in camera, ex parte hearing is adjourned;
4) The respondents may file nine (9) copies of a memorandum (the "Memorandum") directing the Court to the relevant portions of the in camera, ex parte Material. The Memorandum shall contain no argument and shall be sealed and made available only to the Justices of the Court and, for purposes of handling and distribution only, to the Registrar;
5) Following the conclusion of the appeal, the Court shall retain in its file a single copy of the in camera, ex parte Material and the Memorandum. The retained copy of the in camera, ex parte Material and the Memorandum shall be kept securely under seal and shall be made available only to the Justices of the Court and, for purposes of handling and distribution only, to the Registrar. The remaining copies of the in camera, ex parte Material and the Memorandum shall be returned in person by the Registrar to counsel for the respondents;
6) There shall be no order as to costs.
Allowed in part
2006-03-24 Submission of miscellaneous motion, CJ
2006-03-24 Correspondence received from, (by fax) D.A. MacIntosh dated Mar. 24/06; motion in camera ex parte evidence Minister of Citizenship & Immigration
2006-03-24 Correspondence received from, (by fax) B. Jackman dated Mar. 24/06; sealed appellant's record vol. 17 is not sealed to the lawyers involved in this matter nor from the Court staff; order and full reasons are not public (public version in PART III of appellant's record) Hassan Almrei
2006-03-22 Correspondence received from, Ms. Kaczmarczyk dated Mar. 21/06 re: confirming counsel on file Minister of Citizenship & Immigration
2006-03-20 Appellant's record, (Vol. I to XVII, volume XVII is sealed), Completed on: 2006-03-20 Hassan Almrei
2006-03-20 Appellant's book of authorities, (Vol. I to IV), Completed on: 2006-03-20 Hassan Almrei
2006-03-20 Appellant's factum, (CD rec'd Mar. 22/06), Completed on: 2006-03-23 Hassan Almrei
2006-03-20 Reply to miscellaneous motion, 6 copies - book form, Completed on: 2006-03-20 Minister of Citizenship & Immigration
2006-03-16 Response to miscellaneous motion, (bookform), Completed on: 2006-03-16 Hassan Almrei
2006-03-15 General proceeding, Sealing Orders in the FCA - SEALED Hassan Almrei
2006-03-13 Notice of hearing sent to parties
2006-03-13 Appeal hearing scheduled, 2006-06-13
Judgment reserved
2006-03-10 Motion for leave to intervene, (bookform)(joint with 31178), Completed on: 2006-03-10 Criminal Lawyers' Association (Ontario)
2006-03-08 Motion for leave to intervene, book form, Completed on: 2006-03-08 University of Toronto, Faculty of Law, International Human Rights Clinic and Human Rights Watch
2006-03-06 Notice of miscellaneous motion, re: in camera, ex parte evidence before Justice Blanchard at FCA be filed and sealed (book form), Completed on: 2006-03-06 Minister of Citizenship & Immigration
2006-02-08 Notice of intervention respecting a constitutional question Attorney General of Ontario
2006-01-17 Notice of constitutional question(s) Hassan Almrei
2006-01-10 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2006-01-10 Decision on the motion to state a constitutional question, CJ, 1. Do ss. 82(2) and 84(2) 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. 82(2) and 84(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 12 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?
IT IS FURTHER ORDERED THAT:
1. The appellant's factum, record and book of authorities shall be served and filed on or before March 20, 2006.
2. The respondents' factum, record and book of authorities shall be served and filed on or before May 9, 2006.
3. Any notices of intervention relating to the constitutional questions shall be served and filed on or before February 8, 2006.
4. Any person interested in applying for leave to intervene shall serve and file their motion on or before April 11, 2006.
5. Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before May 23, 2006.
6. This appeal shall be heard on June 13, 2006, subject to further direction by the Registrar.
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 any additional disbursements occasioned to the appellant by their intervention.
Allowed in part
2006-01-06 Hearing of the motion to state a constitutional question, 2006-01-06, CJ
Decision reserved
2005-11-30 Submission of motion to state a constitutional question, 2006-01-06, CJ
Decision reserved
2005-11-21 Reply to the motion to state a constitutional question, Completed on: 2005-11-21 Hassan Almrei
2005-11-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-11-14 Response to the motion to state a constitutional question, (bookform), Completed on: 2005-11-14 Minister of Citizenship & Immigration
2005-11-03 Motion to state a constitutional question, Completed on: 2005-11-18 Hassan Almrei
2005-11-03 Notice of appeal, Completed on: 2005-11-03 Hassan Almrei
2005-10-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-10-21 Judgment on leave sent to the parties
2005-10-20 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-169-04, 2005 FCA 54, dated February 8, 2005, is granted with costs to the Applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2005-10-20 Decision on motion to extend time to file and /or serve the leave application
Granted
2005-09-26 Submission of motion to extend time to file and/ or serve the leave application, Ba LeB De
2005-09-26 All materials on application for leave submitted to the Judges, Ba LeB De
2005-09-21 Correspondence received from, B. Jackman (by fax) re: Legal Aid (service requested) Hassan Almrei
2005-09-12 Correspondence received from, J. Norris (by fax) re: raises similar issues as 30762 Hassan Almrei
2005-06-17 Applicant's reply to respondent's argument, Completed on: 2005-06-17 Hassan Almrei
2005-06-09 Respondent's response on the application for leave to appeal, Completed on: 2005-06-09 Minister of Citizenship & Immigration
2005-05-25 Letter acknowledging receipt of a complete application for leave to appeal
2005-05-12 Motion to extend the time to file and or serve the application for leave to appeal, (6 copies), Completed on: 2005-05-12 Hassan Almrei
2005-05-12 Application for leave to appeal, (Vols 1 to 5) (certificate 25B received on May 16/05), Completed on: 2005-05-16 Hassan Almrei