Case information
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33413
Ahcene Zemiri v. Minister of Justice, 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) |
|---|---|---|
| 2010-01-29 | Close file on Leave | |
| 2010-01-28 | Discontinuance of the application for leave to appeal, (by fax - original rec'd Feb. 10/10) (sent to the judges Jan. 29/10) | Ahcene Zemiri |
| 2010-01-28 | Correspondence received from, N. J. Whitling dated Jan. 28/10 re: enclosing a Notice of Discontinuance (by fax) | Ahcene Zemiri |
| 2010-01-18 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-12-04 | Respondent's response on the application for leave to appeal, Completed on: 2009-12-04 | Minister of Justice |
| 2009-11-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-11-06 | Application for leave to appeal, related to file 33409, Completed on: 2009-11-06 | Ahcene Zemiri |
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 |
|---|---|---|
| Zemiri, Ahcene | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Justice | Respondent | Active |
| Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service, Commissioner of the Royal Canadian Mounted Police | Respondent | Active |
Counsel
Party: Zemiri, Ahcene
Counsel
#1500, 10180 - 101 Street
Edmonton, Alberta
T5J 4K1
Telephone: (780) 423-8658
FAX: (780) 423-2870
Email: nwhitling@parlee.com
Party: Minister of Justice
Counsel
Prairie Region, 211 Bank of Montreal Bldg.
10199 - 101 St. N.W.
Edmonton, Alberta
T4J 3Y4
Telephone: (780) 495-8352
FAX: (780) 427-1230
Email: doreen.mueller@justice.gc.ca
Party: Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service, Commissioner of the Royal Canadian Mounted Police
Counsel
Prairie Region, 211 Bank of Montreal Bldg.
10199 - 101 St. N.W.
Edmonton, Alberta
T4J 3Y4
Telephone: (780) 495-8352
FAX: (780) 427-1230
Email: doreen.mueller@justice.gc.ca
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.
Charter of Rights - Constitutional law - Application - Nationality - Fundamental justice - Scope of extraterritorial application - Principles of international law - Whether Canada is prohibited from violating human rights of foreign nationals outside Canada - Canadian Charter of Rights and Freedoms, ss. 7, 32; International Covenant on Civil and Political Rights, Can. T.S. 1976 No. 46, art. 2(1).
While detained at Guantanamo Bay, Cuba, the Applicant made a habeas corpus petition before a United States District Court. He sought in particular disclosure of any Canadian material to corroborate the occurrence of abuse during his detention. The Respondents refused to comply with the request for disclosure. The Applicant became a person of interest to Canadian law enforcement and intelligence officials as a result of his activities within Canada. He was a resident of Canada from 1994 to June 2001, obtaining permanent resident status in 1996.
Lower court rulings
Federal Court of Canada, Trial Division
2009 FC 160, T-1477-08, T-1501-08
Application for judicial review dismissed
Federal Court of Appeal
A-79-09, 2009 FCA 259
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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 613-996-8666 or at 1-844-365-9662.
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available