Decision of The Court
Chief Justice McLachlin, writing for a unanimous court, holds that sections 33 and 77 to 85 of the IRPA unreasonably violates sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms.
On the section 1 analysis for justification of the violation the Court held that the certificate process was not minimally impairing. The Court cited a clearance system used elsewhere in the world that would designate certain lawyers to view the evidence on behalf of the accused.
The court also found that s. 84(2) of the IRPA was unconstitutional because it denied a prompt hearing to foreign nations by imposing a 120-day embargo on any application for release. The court corrected this defect by removing this mandatory waiting-period.
Read more about this topic: Charkaoui V. Canada (Citizenship And Immigration)
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