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The Edmonton Journal v. Canada ( Immigration and Refugee Board )

IMM-677-95 / IMM-510-95

Jerome A.C.J.

26/1/96

5 pp.

Applications for judicial review of orders made by Convention Refugee Determination Division (CRDD) on February 1, 1995 and March 14, 1995-Under Immigration Act, s. 69(2), refugee claim hearing to be held in camera unless application made to have it conducted in public- Applicant, reporter with The Edmonton Journal, made such application to CRDD-Refugee claimant applying under s. 69(3) for proceedings to be held in camera on basis public hearing would endanger life, liberty, security-Order of March 14, 1995 not conflicting with guidelines set out by Supreme Court of Canada in Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835-Any publicity could endanger life of refugee claimant or security of person due to her very sensitive situation-Information pertaining to personal identity or fact situation could serve to identify claimant and infringe on right to life, liberty and security of person-Publication ban imposed by CRDD appropriate, proportional to threat faced by refugee claimant-Applications dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 69(2) (as enacted by S.C. 1992, c. 49, s. 59), (3) (as enacted idem).

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