Docket

31178

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

(Federal) (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)
2007-03-26 Record returned to the Registrar of the Court of Appeal
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
2007-02-13 Correspondence received from, Urszula Kaczmarczyk dated Feb. 13/07 in response to a letter from Mr. Copeland dated Feb. 8/07 Minister of Citizenship and Immigration
2007-02-09 Correspondence received from, David Copeland dated Feb. 9/07 joint with a letter from David Tyndale Mohamed Harkat
2007-02-09 Correspondence received from, Paul Copeland dated Feb. 9/07 re: information to the attention of the Court (joint with 3 letters to David Tyndale) Mohamed Harkat
2006-08-09 Media lock-up request accepted
2006-08-09 Correspondence received from, Bernard Laprade dated Aug. 9/06 in response to Mr. Copeland's letter (sent to the judges Aug. 11/06) Minister of Citizenship and Immigration
2006-08-08 Correspondence received from, Paul D. Copeland dated Aug. 4/06 re: Mr. Harkat situation (sent to the judges Aug. 11/06) Mohamed Harkat
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)
2006-07-20 Media lock-up consent form received from, Paul Copeland, dated July 20/06 Mohamed Harkat
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
2006-06-13 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 and Immigration
2006-06-13 Supplemental document, Quote - Submitted in Court (14 copies) Mohamed Harkat
2006-06-13 Appellant's condensed book, Submitted in Court (14 copies) Mohamed Harkat
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, Greespan, White dated June 9/06 re: CDRom Canadian Civil Liberties Association
2006-06-09 Respondent's book of authorities, (Supplemental - joint with 30762 and 30929), 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 30762-30929), 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
2006-06-07 Appeal court record, (6 boxes)
2006-06-05 Order on motion to adduce new evidence, (BY LEBEL J.)
2006-06-05 Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the appellant for an order to receive further evidence, namely the submissions of Paul D. Copeland to the Minister's Delegate pursuant to section 115 of the IRPA, dated December 12, 2005, and supporting material, which evidence is contained in Volume 4 of the appellant's record;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
I am satisfied that the proposed fresh evidence is sufficiently relevant to the s. 7 Charter argument raised by the appellant in respect of the constitutionality of the security certificate scheme. Accordingly, the motion is granted.
Granted
2006-06-02 Submission of motion to adduce new evidence, LeB
2006-05-31 Book of authorities, vol. I & II (joint with 30762 & 30929), Incomplete Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
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 30929), 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 30929), 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 & 30929), Completed on: 2006-05-26 Federation of Law Societies of Canada
2006-05-26 Intervener's factum, (joint with 30762 & 30929), 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 & 30929), 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 & 30929), Completed on: 2006-05-26 Amnesty International
2006-05-26 Intervener's factum, (joint with 30762 & 30929), Completed on: 2006-05-26 Amnesty International
2006-05-26 Book of authorities, (Joint with 30762 and 30929), Completed on: 2006-05-26 Canadian Civil Liberties Association
2006-05-26 Intervener's factum, (Joint with 30762 and 30929), New CD rec'd June 12/06, Completed on: 2006-06-12 Canadian Civil Liberties Association
2006-05-26 Book of authorities, (joint with 30762 & 30929), Completed on: 2006-05-26 Criminal Lawyers Association (Ontario)
2006-05-26 Intervener's factum, (joint with 30762 & 30929), Completed on: 2006-05-26 Criminal Lawyers Association (Ontario)
2006-05-26 Intervener's factum, (Joint with 30762 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, (Vol. I and II - Joint with 30762 and 30929), 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 30929), 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 30929), Completed on: 2006-05-25 Canadian Bar Association
2006-05-25 Reply to motion to adduce new evidence, (Letter Form), from M. Webber of Webber, Schroeder dated May 25, 2006 (fax copy), Completed on: 2006-05-25 Mohamed Harkat
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
2006-05-19 Book of authorities, (joint with 30762), Completed on: 2006-05-19 Attorney General of Ontario
2006-05-19 Intervener's factum - AG on constitutional question, (Joint with 30762) CD rec'd May 24/06, Completed on: 2006-05-24 Attorney General of Ontario
2006-05-16 Notice of appearance, Paul D. Copeland and Matt Webber will be present at the hearing. Mohamed Harkat
2006-05-16 Response to the motion to adduce new evidence, (Letter Form), from U. Kaczmarczyk dated May 15, 2006 (fax copy), Completed on: 2006-05-16 Minister of Citizenship and Immigration
2006-05-16 Correspondence received from, G. Lee dated May 16, 2006 and addressed to FCA (fax copy) re: section 63 of the Supreme Court Act (appeal records) Attorney General of Canada
2006-05-15 Motion to adduce new evidence, (namely the submissions of Paul D. Copeland to Minister's Delegate), Completed on: 2006-05-15 Mohamed Harkat
2006-05-15 Correspondence received from, Urszula Kaczmarczyk re: correction to the respondent's factum (c.c. to all parties - rec'd by fax) (sent to the Court May 16/06) (new CD rec'd May 19/06) Minister of Citizenship and Immigration
2006-05-15 Correspondence received from, Bernard Laprade re: request changes to the counsel sheet (cc. to all parties) (rec'd by fax) Minister of Citizenship and Immigration
2006-05-11 Appeal perfected for hearing
2006-05-09 Respondent's book of authorities, (Vol. I to V), Completed on: 2006-05-09 Minister of Citizenship and Immigration
2006-05-09 Respondent's factum, (New CD rec'd May 19/06), Completed on: 2006-05-09 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
2006-04-28 Correspondence received from, Confirming agent Michelle Flaherty Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
2006-04-25 Reply to the motion for leave to intervene, (Letter Form), from Marie Chen dated Apr. 25/06, Completed on: 2006-04-25 Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
2006-04-25 Response to the motion for leave to intervene, (Letter Form), from Paul D. Copeland dated Apr. 25/06 (by B.C. Civil Lib.)(original rec'd Apr. 25/06), Completed on: 2006-04-25 Mohamed Harkat
2006-04-25 Response to the motion for leave to intervene, (Letter Form), from Paul D. Copeland dated Apr. 21/06 (by all interveners but B.C. Civil Lib.), Completed on: 2006-04-25 Mohamed Harkat
2006-04-25 Reply to the motion for leave to intervene, (Letter Form), from Barbara Jackman dated Apr. 24/06, Completed on: 2006-04-25 Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub
2006-04-24 Reply to the motion for leave to intervene, (Letter Form), from David Baker dated Apr. 24/06, Completed on: 2006-04-24 Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
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 Jaballah & Mahjoub), Completed on: 2006-04-21 Minister of Citizenship and 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 and Immigration
2006-04-21 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated Apr. 21/06 (by Can. Civil Lib.), Completed on: 2006-04-21 Minister of Citizenship and 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 and 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 and 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 and 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 and 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 and Immigration
2006-04-18 Response to the motion for leave to intervene, Mrs. Kaczmarczyk re: consent to the intervention of Canadian Bar Association, Completed on: 2006-04-18 Minister of Citizenship and Immigration
2006-04-18 Response to the motion for leave to intervene, Mrs. Kaczmarczyk re: consent to intervention of the Criminal Lawyers' Association, Completed on: 2006-04-18 Minister of Citizenship and Immigration
2006-04-13 Correspondence received from, Paul D. Copeland dated April 12/06 re: in response to U. Kaczmarczyk's letter dated April 7/06 (by fax) Mohamed Harkat
2006-04-11 Motion for leave to intervene, (bookform), Completed on: 2006-04-11 Mahmoud Es Sayy Jaballah and Mohammad Zeki Mahjoub
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), Completed on: 2006-04-11 Canadian Civil Liberties Association
2006-04-11 Book of authorities, on motion to intervene Vol. I & II, 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 30929), Completed on: 2006-04-11 Amparo Torres Victoria and Refugee Lawyers' Association of Ontario
2006-04-11 Motion for leave to intervene, (bookform)(joint with 30762 & 30929), Completed on: 2006-04-13 British Columbia Civil Liberties Association
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
2006-04-07 Motion for leave to intervene, Completed on: 2006-04-10 Canadian Bar Association
2006-04-07 Correspondence received from, Urszula Kaczmarczyk dated Apr. 7/06 re: vol. IV of appellant's record ought to be struck (original rec'd Apr. 11/06) Minister of Citizenship and Immigration
2006-04-07 Correspondence received from, Urszula Kaczmarczyk dated April 6/06 re: replacement of Sollicitor General of Canada by Department of Public Safety and Emergency Preparedness Minister of Citizenship and Immigration
2006-04-04 Appeal court record, (1 bundle)
2006-03-28 Appellant's book of authorities, Completed on: 2006-03-28 Mohamed Harkat
2006-03-28 Appellant's record, (Vol. I to IV) FCA order and reasons with signature added to original Mar. 5/06, Completed on: 2006-04-03 Mohamed Harkat
2006-03-28 Appellant's factum, Completed on: 2006-03-28 Mohamed Harkat
2006-03-21 Correspondence received from, Donald A. MacIntosh dated March 21/06 (copy of a letter to the Federal Court) Minister of Citizenship and Immigration
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 30929), Completed on: 2006-03-10 Criminal Lawyers Association (Ontario)
2006-03-10 Order on motion to extend time
2006-03-10 Decision on motion to extend time, CJ, UPON APPLICATION by counsel on behalf of the Applicant in writing for an Order extending the time within which to serve and file the Applicant's Notice of Constitutional Question and upon reading the Affidavit of Matthew Webber;

IT IS ORDERED that the time within which to serve and file the Applicant's Notice of Constitutional Question is extended to March 6, 2006;

IT IS FURTHER ORDERED that the time to serve and file any notices of intervention relating to the constitutional question is extended to March 17, 2006.


Granted
2006-03-10 Submission of motion to extend time, CJ
2006-03-10 Response to motion to extend time, (Letter Form), Completed on: 2006-03-10 Minister of Citizenship and Immigration
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
2006-03-07 Notice of intervention respecting a constitutional question Attorney General of Ontario
2006-03-06 Motion to extend time, to serve and file the Notice of Constitutional Question, Completed on: 2006-03-06 Mohamed Harkat
2006-03-06 Notice of constitutional question(s) Mohamed Harkat
2006-02-20 Notice of appeal, Completed on: 2006-02-20 Mohamed Harkat
2006-02-13 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2006-02-13 Decision on the motion to state a constitutional question, CJ, 1. Do ss. 78 to 80 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?
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?
IT IS FURTHER ORDERED THAT:
1. The appellant shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from.
2. The appellant's factum, record and book of authorities shall be served and filed on or before March 28, 2006.
3. The respondents' factum, record and book of authorities shall be served and filed on or before May 10, 2006.
4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before March 7, 2006.
5. Any person interested in applying for leave to intervene shall serve and file their motion on or before April 11, 2006.
6. Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before May 23, 2006.
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.
Granted
2006-02-09 Response to the motion to state a constitutional question, (Letter Form), from Urszula Kaczmarczyk dated Feb. 9/06 (original rec'd Feb. 13/06), Completed on: 2006-02-09 Minister of Citizenship and Immigration
2006-02-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-01-31 Submission of motion to state a constitutional question, CJ
2006-01-31 Motion to state a constitutional question, Completed on: 2006-01-31 Mohamed Harkat
2006-01-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-01-20 Judgment on leave sent to the parties
2006-01-19 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-144-05, 2005 FCA 285, dated September 6, 2005, is granted with costs to the applicant in any event of the cause. This appeal is to be heard with Adil Charkaoui v. Minister of Citizenship and Immigration, et al (30762) and Hassan Almrei v. Minister of Citizenship and Immigration, et al (30929). The schedule for filing and serving material shall be set by the Registrar.

Granted, with costs to the applicant(s) in any event of the cause
2005-12-15 All materials on application for leave submitted to the Judges, Ba LeB De
2005-11-21 Applicant's reply to respondent's argument, (Letter Form), from P. D. Copeland (by fax - original + 5 copies rec'd Nov. 25/05), Completed on: 2005-11-21 Mohamed Harkat
2005-11-18 Respondent's response on the application for leave to appeal, (Letter Form), from Donald A. MacIntosh dated Nov. 17/05 (by fax - original + 5 copies rec'd Nov. 21/05), Completed on: 2005-11-18 Minister of Citizenship and Immigration
2005-10-27 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-10-20 Supplemental document, (3 copies vols. I & II) Mohamed Harkat
2005-10-20 Application for leave to appeal, (motion to accept document as filed requested - rebound copies filed Nov. 1/05)), Completed on: 2005-11-01 Mohamed Harkat