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Stéphane Beaulac

Charkaoui v Canada (Citizenship and Immigration), Charkaoui and ors, Attorney General of Ontario (intervening) and ors (intervening) v Minister of Citizenship and Immigration and ors, Appeal judgment, (2007) 1 SCR 350, 2007 SCC 9 (CanLII), 276 DLR (4th) 594, 44 CR (6th) 1, 152 CRR (2d) 17, 54 Admin LR (4th) 1, ILDC 640 (CA 2007), 23rd February 2007, Canada

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Whether national security legislation authorizing certificates of inadmissibility to be issued against foreign nationals and permanent residents without the opportunity for the persons named in the certificates to know the case put against them violated due process.

Whether national security legislation allowing detention without warrant and preventing judicial review of continuing detention (habeas corpus) of foreign nationals until 120 days after a judge determined the certificate to be reasonable infringed the legal guarantee against arbitrary detention.

Whether national security legislation imposing detention pending deportation for lengthy and indeterminate periods, or permitting release subject to onerous conditions, violated due process and protection against cruel and unusual treatment.

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