Canadian Supreme Court Unanimously Overturns Terror Detention Procedures

On February 22, 2007, the Supreme Court of Canada overturned a law permitting the Canadian government to detain foreign-born terrorism suspects indefinitely and without charge, based on secret evidence, while their deportations were reviewed. Three appellants, identified in the proceedings as C, H, and A, filed suit to challenge the Immigration and Refugee Protection Act (IRPA). Provisions of IRPA permit the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to issue a certificate declaring that a foreign national or permanent resident is inadmissible to Canada on grounds of security, among others (s. 77). The person named on the certificate will subsequently be detained … [more]