The Supreme Court of Canada kicks off its fall session this week where there are a number of new things happening, including the swearing in of its newest member, Justice Marc Nadon, who replaces justice Morris Fish who retired at the end of August.
The court will hear two appeals this week, including a rare in camera hearing at a secret location regarding the use of security certificates in immigration cases.
October 9 — Quebec — Babos v. R.
Criminal law: Antal Babos was pulled over by police officers because they had information regarding possession of firearms. When they searched his vehicle they found a prohibited semi-automatic gun in the trunk. Babos was arrested. Another man, Sergio Piccirilli, was arrested and held in custody until the trial judgment. The trial judge ordered a final stay of proceedings in both cases because the initial Crown counsel of record made repeated threats against Piccirilli, the conduct and testimony of the officers, and the fact that counsel had obtained Piccirilli’s medical record.
Read the Quebec Court of Appeal’s decision.
Other related news articles:
Errors quash drugs case, The Gazette
October 10 & 11 — Federal Court — Minister of Citizenship and Immigration v. Harkat
Constitutional law: In this in camera hearing, the SCC will hear an appeal involving, Mohamed Harkat, whom the government deemed inadmissible to Canada on security grounds for allegedly engaging in terrorism. Harkat challenged the constitutionality of the security certificate regime but it was upheld by the Federal Court and the Federal Court of Appeal. The Federal Court of Appeal ruled that destruction by CSIS of originals of conversations breached Harkat’s rights and sent the case back to the designated judge to reassess the reasonableness of the security certificate. There is a sealing order in the case.
Read the Federal Court of Appeal’s decision.
Other related news articles:
Secret Supreme Court hearing focuses on security certificate, CBC News
Mohamed Harkat no longer bound by GPS bracelet, other restrictions, Ottawa Citizen
