Almrei v. Canada (Minister of Citizenship and Immigration) et al., 2005 FC 1645

• Judge: Layden-Stevenson, J.
• Court: Federal Court (Canada)
• Case Date: November 03, 2005
• Jurisdiction: Canada (Federal)
• Citations: 2005 FC 1645;(2005), 270 F.T.R. 1 (FC)

Almrei v. Can. (M.C.I.) (2005), 270 F.T.R. 1 (FC)

MLB headnote and full text

Temp. Cite: [2005] F.T.R. TBEd. DE.008

Hassan Almrei (applicant) v. The Minister of Citizenship and Immigration and Solicitor General for Canada (respondents)

(DES-5-01; 2005 FC 1645)

Indexed As: Almrei v. Canada (Minister of Citizenship and Immigration) et al.

Federal Court

Layden-Stevenson, J.

December 5, 2005.

Summary:

Almrei, a foreign national, was being detained following issuance of a security certificate, alleging his involvement with the Osama bin Laden terrorist network and with a forgery ring with international connections. He sought judicial release under s. 84(2) of the Immigration and Refugee Protection Act (IRPA). Section 84(2) provided that "a judge may, on application by a foreign national who has not been removed from Canada within 120 days after the Federal Court determines a certificate to be reasonable, order the foreign national's release from detention, under terms and conditions that the judge considers appropriate, if satisfied that the foreign national will not be removed from Canada within a reasonable time and that the release will not pose a danger to national security or to the safety of any person".

The Federal Court dismissed Almrei's application to be released from detention. The court held that although Almrei met the first criteria of the s. 84(2) test (i.e., he established that he would not be removed from Canada within a reasonable time), Almrei failed to satisfy the second criteria (i.e., he failed to establish that he did not pose a danger to national security or to the safety of any person). Further, Almrei was unable to eatablish that any danger he posed had been neutralized or could be neutrialized if he were released subject to conditions.

Aliens - Topic 1561.2

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Detention - Judicial release - Section 84(2) of the Immigration and Refugee Protection Act provided that "a judge may, on application by a foreign national who has not been removed from Canada within 120 days after the Federal Court determines a certificate to be reasonable, order the foreign national's release from detention, under terms and conditions that the judge considers appropriate, if satisfied that the foreign national will not be removed from Canada within a reasonable time and that the release will not pose a danger to national security or to the safety of any person" - The Federal Court reviewed the approach to be taken on s. 84(2) applications - See paragraphs 235 to 238 - The court also discussed what constituted a danger to the security of Canada within the meaning of s. 84(2) - See paragraphs 275 to 281.

Aliens - Topic 1561.2

Exclusion and expulsion - Power to detain and deport - Minister's certificate - Detention - Judicial release - Almrei, a foreign national from Syria, had been detained in solitary confinement since 2001 following issuance of a security certificate, alleging his involvement with the Osama bin Laden terrorist network and with a forgery ring with international connections - He sought judicial release (Immigration and Refugee Protection Act, s. 84(2)) - The Federal Court dismissed the application - The court was satisfied on a balance of probabilities that Almrei would not be removed within a reasonable time, but was not convinced that he would not pose a danger to national security - The court concluded that he had participated in jihad which gave rise to reasonable grounds to believe that he had adopted the Islamic extremist ideology espoused by Osama bin Laden - The court found also that he participated in a network involved in forging documents - The court stated that the combination of these factors lead to a situation whereby Almrei, even if he personally had no intention of committing a direct act of violence in Canada, had the potential to facilitate the movement of others who also harboured such beliefs and ideals and to position them to perpetrate violence on foreign or Canadian soil - The court, having regard to the impact of notoriety in this case, the lack of renunciation of the fundamentalist ideology and the uncertainty of the extent of Almrei's contacts, found that Almrei had not satisfied the court that the danger he posed to the security of Canada or to the safety of any person had been neutralized or that his release on conditions could neutralize such danger - The court was not satisfied that mechanisms were in place to ensure his compliance with any conditions that the court could order - See paragraphs 1 to 433.

Cases Noticed:

Ahani v. Canada (Minister of Citizenship and Immigration) et al. (2000), 261 N.R. 40 (F.C.A.), leave to appeal dismissed [2000] 1 S.C.R. v, refd to. [para. 254].

Mahjoub v. Canada (Minister of Citizenship and Immigration) et al., [2005] 3 F.C.R. 334; 261 F.T.R. 95 (F.C.), refd to. [para. 268].

Suresh v. Canada (Minister of Citizenship and Immigration, [2002] 1 S.C.R. 3; 281 N.R. 1, refd to. [para. 268].

Canada (Minister of Citizenship and Immigration) v. Mahjoub (2003), 238 F.T.R. 12 (F.C.), refd to. [para. 277].

Chiarelli v. Minister of Employment and Immigration, [1992] 1 S.C.R. 711; 135 N.R. 161, refd to. [para. 279].

Ruby v. Royal Canadian Mounted Police et al., [2002] 4 S.C.R. 3; 295 N.R. 353, refd to. [para. 279].

Ruby v. Canada (Solicitor General) - see Ruby v. Royal Canadian Mounted Police et al.

Charkaoui, Re, [2005] 2 F.C.R. 299; 328 N.R. 201 (F.C.A.), refd to. [para. 280].

Harkat, Re (2005), 261 F.T.R. 52 (F.C.), affd. (2005), 340 N.R. 286; 2005 FCA 285, refd to. [para. 281].

Canada (Minister of Citizenship and Immigration) et al. v. Mahjoub (2005), 270 F.T.R. 101; 2005 FC 1596, refd to. [para. 289].

A et al. v. United Kingdom (Secretary of State for the Home Department), [2004] N.R. Uned. 234; [2004] UKHL 56, refd to. [para. 320].

Medovarski v. Canada (Ministre de la Citoyenneté et de l'Immigration) (2005), 339 N.R. 1; 2005 SCC 51, refd to. [para. 429].

Statutes Noticed:

Immigration and Refugee Protection Act, S.C. 2001, c. 27, sect. 84(2) [para. 16].

Counsel:

Barbara Jackman and John Norris, for the applicant;

Toby Hoffman, Donald MacIntosh and Alexis Singer, for the respondents.

Solicitors of Record:

Jackman & Associates, Toronto, Ontario, for the applicant;

Ruby & Edwardh, Toronto, Ontario, for the applicant;

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This application was heard in Toronto, Ontario, on June 27 and 28 and July 18-20, 2005 and in Ottawa, Ontario, on June 16 and 24, July 13 and 14, September 2 and 24, October 14 and November 3, 2005, before Layden-Stevenson, J., of the Federal Court, who delivered the following reasons for judgment at Ottawa, Ontario, on December 5, 2005.