Almrei, Re, 2009 FC 1263

• Judge: Mosley, J.
• Court: Federal Court (Canada)
• Case Date: December 14, 2009
• Jurisdiction: Canada (Federal)
• Citations: 2009 FC 1263;(2009), 355 F.T.R. 222 (FC)

Almrei, Re (2009), 355 F.T.R. 222 (FC)

MLB headnote and full text

Temp. Cite: [2009] F.T.R. TBEd. DE.023

In the Matter of a certificate signed pursuant to section 77(1) of the Immigration and Refugee Protection Act (IRPA)

And In the Matter of the referral of a certificate to the Federal Court pursuant to section 77(1) of the IRPA

And In the Matter of Hassan Almrei

(DES-3-08; 2009 FC 1263)

Indexed As: Almrei, Re

Federal Court

Mosley, J.

December 14, 2009.

Summary:

In 2001, Almrei, a foreign national and citizen of Syria, was originally named in a security certificate issued by the Minister of Citizenship and Immigration and the Solicitor General of Canada under the Immigration and Refugee Protection Act (IRPA) and detained accordingly. Following a constitutional challenge to the security certificate process and amendments to the IRPA, a fresh certificate was issued on February 22, 2008, wherein the Ministers stated that Almrei was inadmissible to Canada on security grounds. In January 2009, Almrei was released from detention on conditions. As required by s. 77(1) of the IRPA, the certificate was referred to the court for a determination of whether it was reasonable.

The Federal Court determined that the certificate was not reasonable and had to be quashed.

Aliens - Topic 2

Definitions and general principles - Legislation - Interpretation - [See first Aliens - Topic 1747 ].

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - Almrei was the subject of a ministerial security certificate issued on February 22, 2008, wherein the Ministers stated that he was inadmissible on security grounds - In compliance with the disclosure requirements imposed by the Supreme Court of Canada in Charkaoui II (2008), the Ministers filed bound volumes entitled "Charkaoui II Production", including DVD's containing approximately 1276 records of varying size retrieved from the Canadian Security Intelligence Service (CSIS) operational databank - At the reasonableness review stage, the Federal Court commented that it had become apparent that CSIS had conducted a search of their operational databank for any records that contained Almrei's name (and his "kunya" or respect name) and variants thereof - A great deal of the material was repetitive and of no evidentiary value - The court stated that it "It is doubtful that the Supreme Court had this type of disclosure in mind when they stated that '... CSIS should be required to retain all the information in its possession and to disclose it to the Ministers and the designated judge' at paragraph 62 of Charkaoui II. In hindsight, a more focused search would have saved considerable time. Produced records that were of value included electronic intercept and physical surveillance reports and reports of requests for information addressed to foreign agencies and their responses ..." - See paragraphs 30 to 35.

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - In February 2008, to initiate ministerial security certificate proceedings respecting Almrei, the Ministers filed a Notice of Referral of Certificate together with a top-secret Security Intelligence Report (SIR) with supporting reference materials - The SIR was a narrative report prepared by the Canadian Security Intelligence Service setting out its grounds for believing that Almrei was inadmissible - A public summary of the SIR with the corresponding open source reference material was served on Almrei and filed with the court - In March 2009, the Ministers filed an Amended Security Intelligence Report, an additional reference volume, an amended summary of the report and additional public and private reference material - Almrei objected to the filing of this new material more than a year after the issuance of the certificate - The Federal Court stated that such a practice might in some circumstances constitute an abuse of the court's process where, for example, information was unfairly withheld for tactical reasons and provided too late in the proceedings for the named person to respond, as was alleged here - However, in this instance, there was no evidence before the court to substantiate such a finding - The material was accepted subject to further consideration following closing arguments - See paragraphs 36 to 38.

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - Section 83(1)(h) of the Immigration and Refugee Protection Act authorized the judge to receive into evidence anything that, in the judge's opinion, was "reliable and appropriate" ("... digne de foi et utile"), even if it was inadmissible in a court of law, and to base a decision on that evidence - The Federal Court, in a proceeding to determine the reasonableness of a security certificate, stated that in light of s. 83(1)(h), the best evidence rule did not apply and hearsay evidence such as that provided to the Canadian Service Intelligence Service by a human source or third party information collected by a foreign or domestic intelligence or law enforcement agency could be relied upon - See paragraph 83.

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - Section 83(1)(h) of the Immigration and Refugee Protection Act (IRPA) authorized the judge to receive into evidence in certificate proceedings anything that, in the judge's opinion, was "reliable and appropriate" ("... digne de foi et utile"), even if it was inadmissible in a court of law, and to base a decision on that evidence - The Federal Court stated that both official language versions of the IRPA were authoritative and required consideration of the shared meaning of the two texts - "Appropriate" ("utile" in French) in this context had the sense of "proper", "fitting" and "useful" - The court read the two versions as requiring more than mere relevance - "Evidence may be relevant but not useful or fitting for a variety of reasons including the manner in which it was obtained. This is reinforced where the term is coupled with 'reliable' ('digne de foi') which imports a notion of 'trustworthy', 'safe', 'sure', 'worthy of belief'. In the criminal law context, the manner in which evidence was obtained may make it unreliable as, for example, evidence obtained through the use of torture, and may result in the denial of fair trial rights ... Parliament has expressly ordained that such information shall not be considered reliable and appropriate in certificate proceedings: ss. 83(1.1)." - See paragraph 84.

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - The Federal Court discussed the standard of proof in proceedings to determine the reasonableness of a security certificate - The court stated that "reasonable grounds to believe" in s. 33 of the Immigration and Refugee Protection Act implied a threshold or test for establishing the facts necessary for an inadmissibility determination which the Ministers' evidence had to meet at a minimum - "When there has been extensive evidence from both parties and there are competing versions of the facts before the court, the reasonableness standard requires a weighing of the evidence and findings of which facts are accepted. A certificate can not be held to be reasonable if the court is satisfied that the preponderance of the evidence is to the contrary of that proffered by the Ministers" - See paragraph 101.

Aliens - Topic 1560

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Evidence - The Federal Court held that in determining the reasonableness of a ministerial security certificate, the court was making a fresh determination based on all of the information and other evidence presented including additional material which was not before the Ministers - The court stated that little deference was owed to the Ministers' decision - See paragraph 105.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was originally detained under a ministerial security certificate issued in 2001 - A fresh certificate was issued in 2008, wherein the Ministers stated the Almrei was inadmissible to Canada on security grounds - He was released from custody on conditions in January 2009 - The 2008 certificate was referred to the court for a reasonableness determination - The Federal Court, after considering all of the information and other evidence presented to the court, was satisfied that Almrei had not engaged in terrorism and was not a member of an organization that there were reasonable grounds to believe has, does or will engage in terrorism - There were no reasonable grounds to believe that Almrei was presently a danger to the security of Canada - Therefore, the court found that none of the grounds of inadmissibility in s. 34(1) of the Immigration and Refugee Protection Act had been made out - Further, Almrei was not the same person as he was when originally detained in 2001 - He had been changed by the experience - His contacts were interrupted by the prolonged period of detention - His notoriety would make it difficult for anyone inclined to do business with him - Accordingly, the certificate was not reasonable and had to be quashed - See paragraphs 1 to 479 and 504 to 509.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a security certificate issued on February 22, 2008, by the Minister of Citizenship and Immigration and the Solicitor General of Canada under the Immigration and Refugee Protection Act (IRPA), wherein the Ministers stated the Almrei was inadmissible to Canada on security grounds - The Ministers claimed that: Almrei had participated in jihad; had connections to others affiliated with Osama Bin Laden and his network, which included Al Qaeda, and with whom, he shared an extremist ideology; and had participated in an international fraudulent document procurement network - He was released from custody on conditions in January 2009 - The certificate was referred to the court for a determination of whether it was reasonable - The Federal Court determined that the certificate was not reasonable - The court held that there was no evidence that Almrei is or ever was a member of Al Qaeda - The court accepted that Al Qaeda and its affiliated groups could be termed an organization within the meaning of s. 34(1)(f) - The court stated that that "Bin Laden network" could also encompass those groups that were inspired by and willing to take direction from Bin Laden but were not formally affiliated with Al Qaeda - See paragraphs 395 to 429.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a ministerial security certificate because of national security concerns - The certificate was referred to the court for a reasonableness determination - Almrei claimed that the certificate should be stayed as an abuse of the court's process because he was denied procedural fairness (lack of disclosure) - The Federal Court held that the essential elements of the government's allegations against Almrei were disclosed to him in these and the prior proceedings - Based on his testimony and the submissions made on his behalf, Almrei was clearly aware of the Ministers' allegations against him - He was not given full disclosure of all of the closed information that supported the Ministers' case, such as human source reports, but that was unavoidable in the circumstances - See paragraphs 480 to 489.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a ministerial security certificate for national security concerns - The certificate was referred to the court for a reasonableness determination - Almrei claimed that the certificate should be stayed as an abuse of the court's process because evidence had been destroyed - When Almrei was being investigated, the Canadian Security Intelligence Agency, had a policy of destroying primary source material (i.e., original recordings of electronic surveillance intercepts and interview notes by source handlers) - The Federal Court rejected this argument - Nothing turned on the significance of electronic intercepts, and in any event, a summary of the intercept reports was sufficient to provide reasonable disclosure to Almrei - The destruction of original interview notes was also not an issue of major concern in this case because of the contemporaneous reports which had been prepared - See paragraphs 490 to 492.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a ministerial security certificate for national security concerns - The certificate was referred to the court for a reasonableness determination - Almrei claimed that the certificate should be stayed as an abuse of process because the Crown chose to use the security certificate procedure with all of its limitations on his rights in lieu of an appropriate alternate procedure, namely criminal charges related to his admitted role in procuring a false Canadian passport - The Federal Court held that the choice of procedure against a suspect, whether criminal or administrative, was entirely a matter for the Executive - There was no right to be charged with a criminal offence when Parliament had provided an alternative procedure to achieve the objective of protecting national security and the safety of Canadians - It was not an abuse of the court's process to make use of that procedure - See paragraphs 493 to 497.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a ministerial security certificate for national security concerns - The certificate was referred to the court for a reasonableness determination - Almrei claimed that the certificate should be stayed as an abuse of process because the ministers breached their duty of candour to the court - The Federal Court stated that "The duties of utmost good faith and candour imply that the party relying upon the presentation of ex parte evidence will conduct a thorough review of the information in its possession and make representations based on all of the information including that which is unfavourable to their case. That was not done in this instance. The 2008 SIR [Security Intelligence Report] was assembled with information that could only be construed as unfavourable to Almrei without any serious attempt to include information to the contrary, or to update their assessment ..." - The court found, therefore, that the Canadian Security Intelligence Service and the Ministers breached their duty of candour to the court - The court stated that "As for a remedy, a determination of the reasonableness of the certificate based on the court's assessment of all of the information and evidence presented in this case is the most appropriate course of action at this stage of the proceedings" - See paragraphs 498 to 503.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - Almrei, a foreign national and citizen of Syria, was the subject of a security certificate issued on February 22, 2008, by the Minister of Citizenship and Immigration and the Solicitor General of Canada under the Immigration and Refugee Protection Act wherein the Ministers stated the Almrei was inadmissible to Canada on security grounds - He was released from custody on conditions in January 2009 - The certificate was referred to the court for a determination of whether it was reasonable - The Federal Court determined that the certificate was not reasonable - The court noted that the question for the court was whether the certificate was reasonable "today" (i.e., whether Almrei was presently a security risk), not whether the Ministers who signed the fresh certificate in 2008, made the right decision - See paragraph 6.

Aliens - Topic 1561

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Reasonableness (incl. jurisdiction of designated judge) - [See fifth and sixth Aliens - Topic 1560 ].

Aliens - Topic 1564

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Review - Disclosure - [See first, second Aliens - Topic 1560 and third and fourth Aliens - Topic 1561 ].

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - Section 34(1)(f) of the Immigration and Refugee Act (IRPA) provided that a permanent resident or a foreign national was inadmissible on security grounds for being a member of an organization that there were reasonable grounds to believe engages, has engaged or will engage in acts referred to in s. 34(1)(a) (espionage), s. 34(1)(b) (subversion) or s. 34(1)(c) (terrorism) - The Federal Court discussed the meaning of the words "member of an organization" as used in s. 34(1)(f) - The court noted that there was no definition of those terms in the IRPA and the courts had not attempted a precise and exhaustive interpretation of their meaning - The court stated that it had consistently applied an unrestricted and broad interpretation to the meaning of "member", with the Court of Appeal holding that member meant simply "belonging" to an organization - The court noted that the meaning of "organization" had attracted less judicial attention, but where it had been considered, it was given an unrestricted and broad interpretation - See paragraphs 63 to 74.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - Almrei was the subject of a ministerial security certificate because of national security concerns - The Ministers claimed that Almrei had connections with and supported terrorist activity as a member of the terrorist group known as the Bin Laden network, which included Al Qaeda - The Federal Court, at the reasonableness determination stage, noted that there was no evidence that Almrei had been a member of Al Qaeda or an affiliated organization - Rather, the Ministers were attempting to bring him within the scope of an "amorphous concept of network based on his belief and participation in jihad" - The court accepted that Al Qaeda and its affiliated groups could be termed an "organization" within the meaning of s. 34(1)(f) of the Immigration and Refugee Protection Act - However, an "unrestricted and broad" interpretation of "organization" did not encompass those who had expressed views that were sympathetic to the ideology of Bin Laden and Al Qaeda and approval of the actions that they had taken - That was far too broad a net to cast and would be incompatible with the freedom of expression guaranteed by the Charter - The court stated that there had to be something more to demonstrate that a person who had expressed those views had taken steps to associate himself with the network and to act in accordance with its objectives - See paragraphs 399 to 429.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - Section 34(1)(f) of the Immigration and Refugee Act provided that a permanent resident or a foreign national was inadmissible on security grounds for being a member of an organization that there were reasonable grounds to believe engages, has engaged or will engage in acts of, inter alia, terrorism (s. 34(1)(c)) - The Federal Court discussed the meaning of the words "member of an organization" as used in s. 34(1)(f) - The court stated that there was no temporal nexus in the statute between membership in the organization and the time frame in which terrorist acts may be attributed to the group - A current lack of dangerousness did not avail the named person if he was found to be a member - The question was whether the person is or has been a member of that organization, not whether the person was a member when the organization carried out its terrorist acts - See paragraphs 63 to 69.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - Section 34(1)(f) of the Immigration and Refugee Act (IRPA) provided that a permanent resident or a foreign national was inadmissible on security grounds for being a member of an organization that there were reasonable grounds to believe engages, has engaged or will engage in acts of, inter alia, terrorism (s. 34(1)(c)) - The Federal Court discussed the meaning of the word "terrorism" - The court noted that while it was not defined in the IRPA, the term had been given an unrestricted and broad interpretation in the jurisprudence - The court stated that any attempt to define "terrorism" in the immigration context had now to also take into account the definition of "terrorist activity" in s. 83.01(1) of the Criminal Code - The court noted that that definition had two parts - The first part linked the meaning of the term to the commission of certain listed offences enacted by Canada in the course of domestic ratification of international conventions and treaties against terrorism - The second part of the definition of terrorist activity in the Criminal Code included a number of elements which required proof of political, religious or ideological purpose, an intention to intimidate or compel action or inaction on the part of a government, organization or person and harmful consequences such as death, serious property damage or interference with essential services - See paragraphs 70 to 74.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - [See first and second Aliens - Topic 1561] .

Evidence - Topic 7000.4

Opinion evidence - Expert evidence - General - Admissibility - General - The Federal Court stated that "... there are no specific credentials that potential experts must have in order to be admitted as experts. Opinion evidence may be given by a witness 'who is shown to have acquired special or peculiar knowledge through study or experience in respect of the matters on which he or she undertakes to testify' ... 'The only requirement for the admission of expert opinion is that the expert witness possesses special knowledge and experience going beyond that of the trier of fact'" - See paragraph 289.

Evidence - Topic 7001

Opinion evidence - Expert evidence - General - Qualifications and declaration that a witness is an expert - [See Evidence - Topic 7000.4 ].

Evidence - Topic 7003

Opinion evidence - Expert evidence - General - Procedural prerequisites to admission of - [See Evidence - Topic 7000.4 ].

Statutes - Topic 1803

Interpretation - Intrinsic aids - Bilingual statutes - Interpretation of both versions (incl. where versions conflict and shared meaning rule) - [See fourth Aliens - Topic 1560 ].

Words and Phrases

Member of an organization - The Federal Court discussed the meaning of the words in this phrase as it appeared in s. 34(1)(f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 - See paragraphs 63 to 69.

Words and Phrases

Terrorism - The Federal Court discussed the meaning of the word "terrorism" as used in s. 34(1)(c) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 - See paragraphs 70 to 74.

Cases Noticed:

Charkaoui, Re, [2007] 1 S.C.R. 350; 358 N.R. 1; 2007 SCC 9, refd to. [para. 13].

Charkaoui, Re, [2008] 2 S.C.R. 326; 376 N.R. 154; 2008 SCC 38, refd to. [para. 16].

Chiarelli v. Minister of Employment and Immigration, [1992] 1 S.C.R. 711; 135 N.R. 161, refd to. [para. 55].

Medovarski v. Canada (Ministre de la Citoyenneté et de l'Immigration), [2005] 2 S.C.R. 539; 339 N.R. 1, refd to. [para. 56].

Zündel, Re (2005), 259 F.T.R. 36; 2005 FC 295, refd to. [para. 59].

Poshteh v. Canada (Minister of Citizenship and Immigration) (2005), 331 N.R. 129; 2005 FCA 85, refd to. [para. 61].

Mendoza v. Canada (Minister of Public Safety and Emergency Preparedness) (2007), 317 F.T.R. 118; 2007 FC 934, refd to. [para. 62].

Canada (Minister of Citizenship and Immigration) et al. v. Singh (Iqbal) (1998), 151 F.T.R. 101; 1998 CanLII 8281 (T.D.), refd to. [para. 63].

Chiau v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 297; 265 N.R. 121 (F.C.A.), refd to. [para. 64].

Ahani v. Canada (1998), 146 F.T.R. 223 (T.D.), refd to. [para. 64].

Ikhlef, Re (2002), 223 F.T.R. 233; 2002 FCT 263, refd to. [para. 64].

Harkat, Re (2005), 261 F.T.R. 52; 2005 FC 393, refd to. [para. 64].

Jalil v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 393; 2007 FC 568, refd to. [para. 65].

Husein v. Canada (Minister of Citizenship and Immigration), [1999] F.T.R. Uned. 662; [1999] F.C.J. No. 1375 (F.C.), refd to. [para. 66].

Thanaratnam v. Canada (Minister of Citizenship and Immigration), [2004] F.T.R. Uned. 166; [2004] 3 F.C.R. 301; 2004 FC 349, revd. [2006] 1 F.C.R. 474; 333 N.R. 233; 2005 FCA 122, refd to. [para. 67].

Sittampalam v. Canada (Minister of Citizenship and Immigration) et al., [2007] 3 F.C.R. 198; 354 N.R. 34; 2006 FCA 326, refd to. [para. 67].

Al Yamani v. Canada (Minister of Citizenship and Immigration) (2006), 304 F.T.R. 222; 2006 FC 1457, refd to. [para. 68].

Jaballah, Re (2006), 301 F.T.R. 102; 2006 FC 1230, refd to. [para. 68].

Gebreab v. Canada (Minister of Public Safety and Emergency Preparedness) (2009), 359 F.T.R. 296; 2009 FC 1213, refd to. [para. 69].

Suresh v. Canada (Minister of Citizenship and Immigration) (2002), 281 N.R. 1; 2002 SCC 1, refd to. [para. 70].

Soe v. Canada (Minister of Citizenship and Immigration) et al. (2007), 313 F.T.R. 265; 2007 FC 671, refd to. [para. 71].

R. v. Khawaja (M.M.), [2006] O.T.C. 1004 (Sup. Ct.), refd to. [para. 73].

Canada (Attorney General) v. Nadarajah et al., [2009] O.T.C. Uned. 499 (Sup. Ct.), refd to. [para. 73].

Carillo v. Canada (Minister of Citizenship and Immigration) - see Flores Carillo v. Canada (Minister of Citizenship and Immigration.

Flores Carillo v. Canada (Minister of Citizenship and Immigration) (2008), 377 N.R. 393; 2008 FCA 94, refd to. [para. 82].

R. v. Daoust (C.) et al., [2004] 1 S.C.R. 217; 316 N.R. 203, refd to. [para. 84].

R. v. Hape (L.R.) (2007), 363 N.R. 1; 227 O.A.C. 191; 2007 SCC 26, refd to. [para. 84].

R. v. Khelawon (R.) (2006), 355 N.R. 267; 220 O.A.C. 338; 2006 SCC 57, refd to. [para. 84].

R. v. Zeolkowski, [1989] 1 S.C.R. 1378; 95 N.R. 149; 58 Man.R.(2d) 63, refd to. [para. 88].

Chiau v. Canada (Minister of Citizenship and Immigration), [1998] 2 F.C. 642; 141 F.T.R. 81 (T.D.), refd to. [para. 89].

Charkaoui, Re (2005), 261 F.T.R. 11; 2005 FC 248, refd to. [para. 90].

United Kingdom (Secretary of State for the Home Department) v. A.F. et al., [2009] N.R. Uned. 194; [2009] UKHL 28, refd to. [para. 91].

Al Mutairi v. United States of America, 2009 WL 2364173 (U.S. Dist. Ct.), refd to. [para. 91].

F.H. v. McDougall (2008), 380 N.R. 82; 260 B.C.A.C. 74; 439 W.A.C. 74; 2008 SCC 53, refd to. [para. 92].

Jolly v. Minister of Manpower and Immigration, [1975] F.C. 216; 7 N.R. 271 (F.C.A.), refd to. [para. 94].

Ramirez v. Minister of Employment and Immigration, [1992] 2 F.C. 306; 135 N.R. 390 (F.C.A.), refd to. [para. 97].

Moreno and Sanchez v. Minister of Employment and Immigration, [1994] 1 F.C. 298; 159 N.R. 210 (F.C.A.), refd to. [para. 97].

Farahi-Mahdavieh, Re (1993), 63 F.T.R. 120 (T.D.), refd to. [para. 98].

Al Yamani v. Canada (Solicitor General) et al. (1995), 103 F.T.R. 105 (T.D.), refd to. [para. 98].

United Kingdom (Secretary of State for the Home Department) v. Rehman, [2001] 3 W.L.R. 877; 281 N.R. 125 (H.L.), refd to. [para. 103].

A et al. v. United Kingdom (Secretary of State for the Home Department), [2004] N.R. Uned. 234; [2004] UKHL 56, refd to. [para. 103].

Ruby v. Royal Canadian Mounted Police et al., [2002] 4 S.C.R. 3; 295 N.R. 353, refd to. [para. 107].

Khadr v. Canada (Attorney General) (2008), 329 F.T.R. 80; 2008 FC 549, refd to. [para. 135].

R. v. Mohan, [1994] 2 S.C.R. 9; 166 N.R. 245; 71 O.A.C. 241, refd to. [para. 262].

R. v. Marquard (D.), [1993] 4 S.C.R. 223; 159 N.R. 81; 66 O.A.C. 161, refd to. [para. 289].

R. v. Béland and Phillips, [1987] 2 S.C.R. 398; 79 N.R. 263; 9 Q.A.C. 293, refd to. [para. 289].

Dulong v. Merrill Lynch Canada Inc. et al., [2006] O.T.C. 286; 80 O.R.(3d) 378 (Sup. Ct.), refd to. [para. 354].

Abdelrazik v. Canada (Minister of Foreign Affairs) et al. (2009), 346 F.T.R. 186; 2009 FC 580, refd to. [para. 453].

Mahjoub v. Canada (Minister of Citizenship and Immigration) et al. (2006), 304 F.T.R. 290; 2006 FC 1503, refd to. [para. 453].

Blencoe v. Human Rights Commission (B.C.) et al., [2000] 2 S.C.R. 307; 260 N.R. 1; 141 B.C.A.C. 161; 231 W.A.C. 161, refd to. [para. 482].

Canada (Minister of Citizenship and Immigration) v. Tobiass et al., [1997] 3 S.C.R. 391; 218 N.R. 81, refd to. [para. 482].

United Kingdom (Secretary of State for the Home Department) v. M.B., [2007] N.R. Uned. 183; [2007] UKHL 46, refd to. [para. 485].

A. v. United Kingdom, Application 3455-05; ECHR Feb. 19, 2009, refd to. [para. 485].

Charkaoui, Re (2006), 353 N.R. 319; 2006 FCA 206, refd to. [para. 499].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 83.01(1) [para. 71].

Immigration and Refugee Protection Act, S.C. 2001, c. 27, sect. 33 [para. 101]; sect. 34 [para. 58]; sect. 83(1)(h) [para. 83].

Authors and Works Noticed:

Carlisle, Fourth Report of the Independent Reviewer Pursuant to Section 14(3) of the Prevention of Terrorism Act 2005, para. 58 [para. 415].

Hegghamer, Thomas, Jihadi Studies: Times Literary Supplement (April 4, 2008), p. 15 [para. 129].

Counsel:

Marianne Zoric, Marcel Larouche, Bernard Assan, Gordon Lee, Asha Gafar, Jennifer Dagsvik, Tessa Kroeker, for the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness;

Lorne Waldman, Paul Williams and Sarah Boyd, for Hassan Almrei;

Paul Copeland and Gordon Cameron, for Special Advocates.

Solicitors of Record:

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness;

Waldman and Associates, Toronto, Ontario, for Hassan Almrei;

Paul Copeland, Toronto, Ontario, and Gordon Cameron, Ottawa, Ontario, for Special Advocates.

This application was heard in Ottawa and Toronto, Ontario, in Public on April 27-30, May 5-8, 11-14, 19-22, 25-27, July 2, 3 and 6, 2009 and in Camera on March 18, April 1, 2, 14-17, June 10, 22-26, July 27, 28, September 18, 25 and 30, 2009, by Mosley, J., of the Federal Court, who delivered the following reasons for judgment on December 14, 2009.