Ahani V Canada (Minister Of Citizenship And Immigration)
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Ahani V Canada (Minister Of Citizenship And Immigration)
''Ahani v Canada (Minister of Citizenship and Immigration)'' 0021 S.C.R. 72; 2002 SCC 2 is a significant decision of the Supreme Court of Canada in the areas of constitutional law and administrative law. It is a companion case to ''Suresh v. Canada (Minister of Citizenship and Immigration)'', 0021 S.C.R. 3. Both cases deal with the procedure for removal of Convention refugees for reasons of national security under the ''Immigration Act'', R.S.C. 1985, and address questions of procedural fairness. Background Mansour Ahani entered Canada in 1991, claiming Convention refugee status. In 1993, the Minister of Citizenship and Immigration filed a security certificate for Ahani's deportation on the basis of a report from the Canadian Security Intelligence Service (CSIS). CSIS claimed to have obtained evidence that Ahani was a trained assassin operating with the Ministry of Intelligence and National Security of Iran (MOIS). Ahani admitted to an association with MOIS and having received mi ...
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Federal Court Of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In ''Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as long as there is a sufficient legal component. ...
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Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are primarily created by statute, which is known as the "enabling sta ...
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Suresh V
Suresh is an Indian masculine given name originating in the Sanskrit word ' (compound of ' and '). Its meaning is "Ruler of Gods" and it has been used an epithet for the Hindu gods Indra, Brahma, Vishnu and Shiva. People named Suresh include: *Suresh (actor), Indian actor in Telugu and Tamil films * Suresh (director), Tamil film director *Suresh Balaje, Indian film producer *Suresh Bharadwaj, Indian politician *Suresh Gopi (born 1960), Indian Malayalam film actor *Suresh Heblikar, Indian Kannada film actor *Suresh Joachim, Tamil Canadian film actor, producer and multiple Guinness World Record holder * Suresh Joshi, Indian poet, writer and literary critic * Suresh Krishna, Indian Malayali film actor *Suresh Krissna, Indian Tamil film director * Suresh Kumar (government official), American economist and businessman, Director-General of the U.S. Foreign Commercial Service *Suresh Oberoi, Indian Hindi movie actor * Suresh Pachouri, Indian politician *Suresh Raina, Indian cricketer *Sure ...
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Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Canadian Security Intelligence Service
The Canadian Security Intelligence Service (CSIS, ; french: Service canadien du renseignement de sécurité, ''SCRS'') is Canada's primary national intelligence agency. It is responsible for collecting, analysing, reporting and disseminating intelligence on threats to Canada's national security, and conducting operations, covert and overt, within Canada and abroad. The agency also reports to and advises the minister of public safety on national security issues and situations that threaten the security of the nation. CSIS is headquartered in Ottawa, Ontario, in a purpose-built facility completed in 1995. The agency is responsible to Parliament through the minister of public safety, and it is overseen by the National Security and Intelligence Review Agency. CSIS is also subject to review by the Federal Court. CSIS agents are not allowed to make arrests. The agency is led by a director, the ninth and current being David Vigneault, who assumed the role on June 19, 2017. History ...
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Ministry Of Intelligence And National Security Of Iran
The Ministry of Intelligence of the Islamic Republic of Iran ( fa, وزارت اطّلاعات جمهوری اسلامی ایران, Vezarat-e Ettela'at Jomhuri-ye Eslami-ye Iran) is the primary intelligence agency of the Islamic Republic of Iran and a member of the Iran Intelligence Community. It is also known as VAJA and previously as VEVAK (''Vezarat-e Ettela'at va Amniyat-e Keshvar'') or alternatively MOIS. It was initially known as SAVAMA, after it took over the Shah's intelligence apparatus SAVAK. The ministry is one of the three "sovereign" ministerial bodies of Iran due to nature of its work at home and abroad. History Reliable and valid information on the ministry is often difficult to obtain. Initially, the organization was known as SAVAMA, and intended to replace SAVAK, Iran's intelligence agency during the rule of the Shah, but it is unclear how much continuity there is between the two organizations—while their role is similar, their underlying ideology is radic ...
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By The Court Decisions Of The Supreme Court Of Canada
Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to "The Court". The practice began around 1979 by Chief Justice Laskin, borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions. Unlike in the US, which uses it primarily for uncontroversial cases, in Canada, it is used almost always for important and controversial cases. It has been suggested that the practice has been used to give greater authority to the decision by having the entire Court speak as a single voice. Peter McCormick, a professor of political science at the University of Lethbridge who studies Canada's appellate courts, calls these 'per coram decision," but his terminology is not in general use. McCormick states that there were 9 reported per coram decisions prior to Bora Laskin's term as Chief Justice, 15 reported per coram decisions under Laskin's Chief Justiceship, and 51 reported per ...
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