Bhagat Singh Brar et al v. Canada (MPSEP)
Bhagat Singh Brar
Law Firm / Organization
Peck and Company
Lawyer(s)

Mark Iyengar

Law Firm / Organization
Fowler & Blok Lawyers
Lawyer(s)

Eric Purtzki

Parvkar Singh Dulai
Law Firm / Organization
DMF Law
Lawyer(s)

Sadaf Kashfi

Canada (Minister of Public Safety and Emergency Preparedness)

- Parties: The appellant was Bhagat Singh Brar. The respondent was Canada (Minister of Public Safety and Emergency Preparedness).

- Subject Matter: The Minister of Public Safety and Emergency Preparedness had reasonable grounds to suspect that the appellants (in A-213-22 and A-217-22) would travel by air to commit a terrorism offence, based on confidential security information and other information. Under the Secure Air Travel Act, 2015, the Minister placed the appellants on a list colloquially called a “no-fly list”. The appellants tried to fly but could not. Upon a de-listing request, the Minister refused and kept the appellants on the list. The appellants sought to quash the Minister’s listing decisions for being unreasonable and for unjustifiably violating s. 7 of the Canadian Charter of Rights and Freedoms. The Federal Court disagreed with the appellants.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the appeals, and awarded no costs as the respondent did not seek any. The appeal court concluded that the Federal Court followed procedures that were well beyond adequate, given the evidence disclosed to the appellants and the amici curiae and given the amici curiae’s activities in reviewing the confidential evidence and making submissions on it. The appeal court held that the Federal Court exercised exceptional vigilance in ensuring procedural fairness throughout.

- Date: The hearing was set on June 13, 2024. The court released its decision on June 19, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-213-22
Transportation law
$ 0
Respondent
03 October 2022