Category: Security Certificates

Charkaoui is an important summary of the law on questions related to national security. It explains the meaning of the concept of national security; the burden of proof on the minister and the standard of proof; and discusses in detail the role of the special advocate.

The Court held that the transcript of the previous proceedings was not reliable and hence could not be used as evidence unless Mr. Jaballah testified and then only to impugn his credibility.

The Court held that the burden of proving harm on grounds of national security rests on the Minister and the standard of proof is to a balance of probabilities.

The Court ordered the disclosure of the source file due to the lack of candour on the part of the Minister.

The Court ordered disclosure of neutralized information to the named person.

The Court rejected an application by Harkat for disclosure holding that he had all possible disclosure.

The Court upheld the reasonable grounds threshold as constitutional within the context of security certificates.

THE COURT QUASHED THE SECURITY CERTIFICATE AGAINST MR. ALMREI HOLDING THE CERTIFICATE ALLEGING THAT MR. ALMREI WAS A MEMBER OF A TERRORIST GROUP, ENGAGED IN TERRORISM OR WAS A DANGER TO SECURITY WAS NOT REASONABLE,

The Court finds CSIS breached its duty of candour and orders disclosure of Source Files

The Court quashed a security certificate. The Court had ordered the Minister to disclose information to Charkaoui. The Minister refused and withdrew the information. The Court quashed the certificate and refused to certify a question.