CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Harkat (Re)
DES-4-02
2003 FCT 285, Dawson J.
7/3/03
9 pp.
Proceeding instituted by Solicitor General of Canada and Minister of Citizenship and Immigration (Ministers) pursuant to Immigration and Refugee Protection Act, s. 77(1) for determination as to whether certificate signed by Ministers, stating Mohamed Harkat (respondent) inadmissible to Canada reasonable--In context of actual proceeding, respondent has made motion for disclosure directing Ministers to disclose all relevant information required by respondent in order to make full answer and defence to present proceeding--In seeking such disclosure, respondent argued information relevant as evidence which will assist him in refuting allegations against him--Right of subject to be reasonably informed of circumstances giving rise to certificate only subject to restriction where disclosure would, in opinion of judge, be injurious to national security or to safety of any person-- Detailed statement as to nature of information disclosure of which would be injurious to national security provided in Henrie v. Canada (Security Intelligence Review Committee), [1989] 2 F.C. 229 (T.D.)--Turning to application of principles to present case, any additional disclosure of information would be injurious to national security, or to safety of any person--Information already provided to respondent sufficient to enable him to be reasonably informed of circumstances giving rise to certificate, as required by Act, s. 78(h)--Motion for disclosure dismissed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 77, 78(h).