Charkaoui is free

By: Law is Cool · October 16, 2009 · Filed Under Immigration Law · Add Comment 

Judge formally strikes down security certificate against Charkaoui

Charkaoui is a landed immigrant who was arrested in Montreal in 2003 under security-certificate legislation that allows Canada to expel foreign-born individuals if they are considered a national security risk.

One correction, Canadian Press: the security certificate law applies only to non-citizens, not “foreign-born individuals.”

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Try again?

By: Law is Cool · September 30, 2009 · Filed Under Civil Rights, Immigration Law · Add Comment 

Third security certificate is double jeopardy, court told

Mahmoud Jaballah was first detained under a security certificate in 1999. He was released after the courts found the certificate to be unreasonable. Jaballah was re-arrested in 2001 under a new certificate. He was released in 2008 after the Supreme Court struck down the security certificate law. After Parliament passed a new law, the government signed a third certificate against Jaballah.

Brendan Kennedy writes for the Toronto Start:

[Jaballah's lawyer] argued in court that proceedings against Jaballah should be stayed, because there was no new evidence to justify the second and third certificates.

“The essence of the allegations against Mr. Jaballah, and the nature of the proceedings remain unchanged from 1999 to today,” he said in court.

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Charkaoui: the name every Canadian law student knows

By: Law is Cool · August 26, 2009 · Filed Under Civil Rights, Immigration Law · Add Comment 

Six years in legal labyrinth

Charkaoui, however, is the legal star of the five. He’s won two Supreme Court challenges and, as he gradually demolished Ottawa’s case against him, managed to make the government look like an idiot.

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