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AG Canada v Kamel 2009 FCA 21 Court upholds constitutionality of restrictions on issuance of a passport

December 5, 2009 by lorne

Jurisprudence Brief: 
The Court found that the restrictions on the issuance of the passport in the passport order prima facie violated the respondent's mobility rights but were justified under section 1.

Getkate v The Minister of Public Safety and Emergency Preparedness [2008] F.C.J. No. 1200

December 5, 2009 by lorne

Jurisprudence Brief: 
The Court set aside a prison transfer refusal. The Court held that there was no violation of the Applicant's mobility rights but concluded that the exercise of discretion was improper because the Minister ignored evidence and made findings not supported by the evidence.

Plamen Kozarov v The Minister of Public Safety and Emergency Preparedness [2007] F.C.J. No. 1132

December 5, 2009 by lorne

Jurisprudence Brief: 
The Court upheld a refusal of a prison transfer finding no violation of section 6 and concluded that the exercise of discretion was proper dismissing the judicial review.

David Clare Van Vlymen v Solicitor General of Canada [2004] F.C.J. No. 1288 refusal of prison transfer violates section 6 mobility rights

December 5, 2009 by lorne

Jurisprudence Brief: 
The Court found that the refusal to approve the transfer of the applicant for ten years violated the applicant's section 6 mobility rights under the Charter

US v Burns 2001 1 SCR 283 Extradition to the possibility of the death penalty without assurances violates section 7 of the Charter

October 6, 2009 by lorne

Jurisprudence Brief: 
Extradition to the possibility of the death penalty without assurances violates section 7 of the Charter

Abdelrazik v Canada 2009 FCJ 656 Court orders Canada to return Canadian stranded in Sudan

September 22, 2009 by lorne

Jurisprudence Brief: 
The Court ordered Canada to provide an emergency travel document to the applicant who had been stranded in Sudan for six years. The Court held that the applicant's right under section 6 of the Charter required the government to take positive action to allow him to retyrn to Canada.