Case information
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30762
Adil Charkaoui v. Minister of Citizenship and Immigration, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| 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 |
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| 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 |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Charkaoui, Adil | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association | Intervener | Active |
| University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
| Canadian Arab Federation | Intervener | Active |
| Amnesty International | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Charkaoui, Adil
Counsel
Johanne Doyon
Julius H. Grey
Julius H. Grey
Doyon Morin
6337, rue Saint-Denis
Montréal, Quebec
H2S 2R8
Telephone: (514) 277-4077 Ext: 1896
FAX: (514) 277-2019
6337, rue Saint-Denis
Montréal, Quebec
H2S 2R8
Telephone: (514) 277-4077 Ext: 1896
FAX: (514) 277-2019
Agent
Yavar Hameed
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 3
FAX: (613) 232-2680
Email: yhameed@bellnet.ca
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 3
FAX: (613) 232-2680
Email: yhameed@bellnet.ca
Party: Minister of Citizenship and Immigration
Counsel
Bernard Laprade
Normand Lemyre
Normand Lemyre
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Party: Minister of Public Safety and Emergency Preparedness
Counsel
Bernard Laprade
Normand Lemyre
Normand Lemyre
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Party: Attorney General of Ontario
Counsel
John Corelli
Ian Bulmer
Ian Bulmer
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Bar Association
Counsel
Lorne Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Council on American-Islamic Relations and Canadian Muslim Civil Liberties Association
Counsel
David Baker
Faisal Bhabha
Faisal Bhabha
Bakerlaw
672 Dupont Street
Suite 400
Toronto, Ontario
M6G 1Z6
Telephone: (416) 533-0040 Ext: 222
FAX: (416) 533-0050
Email: dbaker@bakerlaw.ca
672 Dupont Street
Suite 400
Toronto, Ontario
M6G 1Z6
Telephone: (416) 533-0040 Ext: 222
FAX: (416) 533-0050
Email: dbaker@bakerlaw.ca
Agent
Fiona Campbell
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: University of Toronto, Faculty of Law - International Human Rights Clinic and Human Rights Watch
Counsel
Robert A. Centa
Sujit Choudhry
Sujit Choudhry
Paliare, Roland, Rosenberg, Rothstein, LLP
Suite 501, 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4314
FAX: (416) 646-4301
Suite 501, 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4314
FAX: (416) 646-4301
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Civil Liberties Association
Counsel
Edward L. Greenspan, Q.C.
Greenspan, White
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
Agent
Richard W. Auger
Auger, Hollingsworth
130 Albert Street
Suite 1005
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-4529
FAX: (613) 822-5096
130 Albert Street
Suite 1005
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-4529
FAX: (613) 822-5096
Party: Criminal Lawyers' Association (Ontario)
Counsel
Michael Code
Sack Goldblatt Mitchell LLP
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Council for Refugees, African Canadian Legal Clinic, International Civil Liberties Monitoring Group and National Anti-Racism Council of Canada
Counsel
Marie Chen
Sharryn Aiken
Sharryn Aiken
African Canadian Legal Clinic
111 Richmond Street West
Suite 503
Toronto, Ontario
M5H 2G4
Telephone: (416) 214-4747
FAX: (416) 214-4748
111 Richmond Street West
Suite 503
Toronto, Ontario
M5H 2G4
Telephone: (416) 214-4747
FAX: (416) 214-4748
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Federation of Law Societies of Canada
Counsel
Neil Finkelstein
Catherine Began Flood
Wade Wright
Leena Grover
Catherine Began Flood
Wade Wright
Leena Grover
Blake, Cassels & Graydon LLP
P.O. Box 25, Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
P.O. Box 25, Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Email: neil.finkelstein@blakes.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Arab Federation
Counsel
R. Douglas Elliott
Gabriel R. Fahel
Gabriel R. Fahel
Roy Elliott Kim O'Connor LLP
200 Front Street West
23rd Floor
Toronto, Ontario
M5V 3K2
Telephone: (416) 362-1989
FAX: (416) 362-6204
Email: rde@reko.ca
200 Front Street West
23rd Floor
Toronto, Ontario
M5V 3K2
Telephone: (416) 362-1989
FAX: (416) 362-6204
Email: rde@reko.ca
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Amnesty International
Counsel
Michael Bossin
Thomas G. Conway
Vanessa Gruben
Owen M. Rees
Thomas G. Conway
Vanessa Gruben
Owen M. Rees
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: British Columbia Civil Liberties Association
Counsel
Gregory P. DelBigio
Jason B. Gratl
Jason B. Gratl
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: Greg_DelBigio@telus.net
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: Greg_DelBigio@telus.net
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Public international law - Constitutional law - Canadian Charter (civil) - Civil rights - Canadian Charter (criminal) - Immigration law - Procedural law - Evidence - Security certificate - Inadmissibility - Judicial validation of certificate by determination, by designated judge of Federal Court, of reasonableness of grounds for this document signed by Minister of Immigration and Solicitor General of Canada - Evidence partly (in instant case) or entirely secret - Procedure partly ex parte - Prohibition against appeal from or judicial review of decisions of designated judge - Detention incidental to inadmissibility - International Covenant on Civil and Political Rights, art. 14 - Constitution Act, 1867, preamble, ss. 96 et seq. - Canadian Charter of Rights and Freedoms, ss. 7 to 15 - Canadian Bill of Rights, ss. 1 and 2 - Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 33 and 77 to 82 - Whether proceeding and judicial review procedure provided for in s. 9 of Immigration and Refugee Protection Act (ss. 33 and 77 to 85) violate s. 2(e) of Canadian Bill of Rights, International Covenant on Civil and Political Rights, and in particular arts. 2, 14 and 26 thereof, or Constitution of Canada.
Adil Charkaoui was a permanent resident when, in May 2003, he was arrested and stated to be inadmissible under a certificate issued by the authorized ministers, and upheld by the designated judge of the Federal Court, on the basis of information that was partly secret. The portion of the evidence that was disclosed included an identification of Mr. Charkaoui by persons who were probably involved in the Al-Qaeda network. Mr. Charkaoui attempted unsuccessfully to appeal his continued detention and then challenged the Canadian security certificate procedure by means of forty objections relating to the Constitution or to international law. The designated judge held that he had jurisdiction to rule on these questions and then answered them in the negative. The Federal Court of Appeal affirmed his judgment. Following a fourth review of the grounds for his detention, Mr. Charkaoui was conditionally released on February 17, 2005.
Lower court rulings
December 5, 2003
Federal Court of Canada, Trial Division
DES-3-03
Federal Court of Canada, Trial Division
DES-3-03
Rejet de la requête en jugement déclaratoire selon lequel les articles 33 et 77 à 82 de la Loi sur l'immigration et la protection des réfugiés contreviennent à la Constitution canadienne et aux obligations internationales du Canada.
December 10, 2004
Federal Court of Appeal
A-603-03
Federal Court of Appeal
A-603-03
Appel rejeté
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The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Date modified: 2025-05-13