Ahani v. Canada
A-639-95
Marceau J.A.
4/7/96
5 pp.
Appeal from Trial Division decision ([1995] 3 F.C. 669) upholding constitutionality of Immigration Act, s. 40.1 authorizing Solicitor General and Minister of Employment and Immigration, based on security intelligence report, to sign certificate indicating, as herein, person inadmissible for reasons of terrorism and providing for pre-determination detention of named person-Appeal based on propositions (1) s. 40.1 process affecting life, liberty and security of person as implying potential consequence person sent to country where may well be subject to persecution and (2) even in immigration context, rights affected so basic, standards of fundamental justice required by Charter, s. 7 must be very high, and close to those recognized as applicable in criminal context-Appeal dismissed-As to first proposition, certificate referred to in s. 40.1 not final, must be followed by determination under s. 53 required to be made in accordance with principles of fundamental justice and subject to judicial review: see Nguyen v. Canada (Minister of Employment and Immigration), [1993] 1 F.C. 696 (C.A.)-As to second proposition, s. 40.1 in no way akin to criminal context-Principles and policies underlining both contexts totally different, and standards of procedural safeguards required to satisfy Charter must necessarily differ-Immediate detention principally means of providing preventive protection to Canadian public-Given built-in checks and type of prohibited class of individuals, such preventive detention neither arbitrary nor excessive-Immi-gration Act, R.S.C., 1985, c. I-2, ss. 40.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; S.C. 1992, c. 49, s. 31), 53 (as am. idem, s. 43).