PHILOS 1B03 Lecture Notes - Lecture 8: Permanent Residency In Canada, Security Certificate, Adil Charkaoui
13 Nov 2014
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Document Summary
Part of canadian immigration law since 1978. Ernst zundel: german-born landed immigrant and holocaust denier, 2005: deported to germany under security certificate, 2007: german conviction for inciting racial hatred , 2010: released from german prison. Relevant legislation: immigration and refugee protection act, 2001 (irpa) Under irpa, permanent residents and foreign nationals named in security certificates declared inadmissible to canada and subject to deportation. Permanent residents: mandatory hearing required within 48h of detention. Foreign nationals: mandatory hearing required within 120 days. Conditions: government satisfied that continued presence in canada is a threat to national security, federal judge confirms reasonableness of certificate. Government can request hearing before federal judge can be held in camera without named person present. Some/all government evidence may be withheld from named person and his lawyer. Judges determines whether non-disclosure warranted for reasons of national security.
