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)
Famous quotes containing the words decision of, decision and/or court:
“The impulse to perfection cannot exist where the definition of perfection is the arbitrary decision of authority. That which is born in loneliness and from the heart cannot be defended against the judgment of a committee of sycophants. The volatile essences which make literature cannot survive the clichés of a long series of story conferences.”
—Raymond Chandler (1888–1959)
“The decision to have a child is both a private and a public decision, for children are our collective future.”
—Sylvia Ann Hewitt (20th century)
“GOETHE, raised o’er joy and strife,
Drew the firm lines of Fate and Life,
And brought Olympian wisdom down
To court and mar, to gown and town,
Stooping, his finger wrote in clay
The open secret of to-day.”
—Ralph Waldo Emerson (1803–1882)