Charkaoui V. Canada (Citizenship And Immigration)
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Charkaoui V. Canada (Citizenship And Immigration)
''Charkaoui v Canada (Minister of Citizenship and Immigration)'', 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate. The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the right to liberty and habeas corpus under section 7, 9 and 10 of the '' Canadian Charter''. The Court however rejected the appellant arguments that the extension of detentions violated the right against indefinite detention, that the differential treatment violated equality rights, and that the detention violated the rule of law. As remedy, the Court declared the "judicial confirmation of certificates and review of detention" to be of no force and effect, striking down articles 33 and 77 to 85 of the Immigration and Refugee Protection Act, but susp ...
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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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Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ...
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Section Seven Charter Case Law
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ...
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Canadian Administrative Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Canadian Immigration And Refugee Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ...
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The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's " newspaper of record". ''The Globe and Mail''s predecessors, '' The Globe'' and ''The Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of ''The Toronto Mail'' and the ''Toronto Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadcast ...
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Danièle Tremblay-Lamer
Danièle Tremblay-Lamer (born November 2, 1946) is a former judge of the Federal Court of Canada. Tremblay-Lamer was born in Quebec to Laurette and Marcellin Tremblay. She graduated from College de Français in Montreal, Laval University and University of Ottawa. She was called to the Quebec bar in 1982. Tremblay-Lamer was married to former Chief Justice the late Antonio Lamer Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada. Career Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full p ... from 1987 until his death in 2007. References 1946 births Living people Canadian women judges Judges of the Federal Court of Canada People from Quebec City {{Canada-law-bio-stub ...
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Charkaoui V
Charkaoui (in Arabic شرقاوي or الشرقاوي) is a surname. Notable people with the surname include: * Adil Charkaoui (born 1974), Morocco-born Canadian citizen ** Charkaoui v Canada (Minister of Citizenship and Immigration), a landmark decision of the Supreme Court of Canada * Taib Charkaoui Taieb Cherkaoui (also Taib Cherkaoui - born 1949) was the Minister of Interior of Morocco between 2010 and 2012. He was appointed to the post in January 2010, succeeding Chakib Benmoussa Chakib Benmoussa ( ar, شكيب بن موسى) (born 1958 ... (also Taib Cherkaoui - born 1949), Minister of Interior of Morocco between 2010 and 2012 See also * Cherkaoui, a variant transliteration of Charkaoui {{surname ...
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Mohamed Harkat
Mohamed Harkat ( ar, محمد حركات) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Canadian Security Intelligence Service (CSIS) alleged that he entered the country as a sleeper agent for al-Qaeda. He had worked in Pakistan from 1990-1994 for a charity that assisted refugees. After immigrating to Canada in 1995, Harkat applied for refugee status and for a Permanent Resident card. He worked as a gas station attendant and a deliveryman for Pizza Pizza during his first seven years in Canada. He was released on May 23, 2006 under house arrest, while fighting deportation. Early life and education Mohamed Harkat was born in Taguine, Algeria to El-Ait, and is one of seven sons. His father was born in Algeria, but worked both there and in France in the construction business. As a student at the University of Oran, Harkat joine ...
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Minister Of Citizenship And Immigration
The minister of immigration, refugees and citizenship (french: Ministre de l'immigration, des réfugiés et de la citoyenneté) is a minister of the Crown in the Canadian Cabinet. The minister is responsible for Immigration, Refugees and Citizenship Canada, which is the federal department responsible for immigration, refugee and citizenship issues in Canada. The current minister is Sean Fraser. Prior to the current position, the portfolios responsible for immigration in Canada throughout history were titled: Immigration and Colonization (1917–36), Mines and Resources (1936–50), Citizenship and Immigration (1950–66), Manpower and Immigration (1966–77), and of Employment and Immigration (1977–96). The office as it exists today was created in 1994 by the ''Department of Citizenship and Immigration Act''. As of 2 July 2013, the Immigration, Refugees and Citizenship portfolio inherited primary responsibility for Passport Canada and the administration of the Canadian ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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