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Supreme Court ruling on CSIS destruction of evidence
The Supreme Court ruled in its Charkaoui II decision in June 2008 that CSIS’s systematic practice of destroying evidence was unconstitutional. The judgement required the government to retain and disclose to reviewing judges all relevant information and further required the judges to disclose as much of this information as was compatible with their idea of national security to the individual concerned. This ruling had broad ramifications not only for the security certificate cases, but many others in which CSIS was involved.
Read the Charkaoui II decision here.
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Supreme Court judgement on security certificate process
On 23 February 2007, the Supreme Court of Canada ruled in its Charkaoui I decision that the security certificate process was unconstitutional. The Supreme Court struck down the entire section but suspended the effect of their ruling for one year.
Read the Charkaoui I decision here.
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Cases Involving Diplomatic Assurances against Torture
Developments since May 2005
A January 2007 report by Human Rights Watch which examines, inter alia, Canada’s security certificate cases, including Mahmoud Jaballah’s, as violations of the absolute prohibition of torture in international law. Category Documents | Tags:
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UN Working Group on Arbitrary Detention Report
In June 2005, the United Nations Working Group on Arbitrary Detention visited Canada. They interviewed the men who were detained under a security certificate.
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United Nations Human Rights Committee on Security Certificates
The UN Human Rights Committee reviewed Canadian compliance with the UN Covenant on Civil and Political Rights in 2005. They found Canada’s security certificate procedure very much lacking.
Read excerpts from their November 2005 report on Canada here.
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United Nations Committee Against Torture
The United Nations Committee Against Torture reviewed Canadian compliance with the UN Convention against Torture in 2005. They expressed strong concerns about Canada’s security certificate process.
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