Case Law Analysis: Charkaoui v. Canada in IMM103 Course

This assignment provides a detailed analysis of the Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 SCR 350 case. The assignment addresses key aspects of the case, including its indexing, case numbers, neutral citation, court of appeal, hearing date, and the names of the six judges involved. It meticulously lists all the statutes, regulations, treaties, and international instruments cited in the case. Furthermore, the assignment summarizes the core issue of the case, which revolves around the violation of section 7 of the Charter, specifically concerning the fairness of procedures under the Immigration and Refugee Protection Act (IRPA). The analysis highlights the challenges to the certificate scheme within IRPA, particularly regarding the rights of individuals named in the certificate and the limitations placed on their ability to understand and respond to the case against them. The assignment concludes by clarifying that the scheme of the certificate as provided in IRPA is not in violation of the idea of rule of law.

Running head: IMMIGRATION LAW OF CANADA
IMMIGRATION LAW OF CANADA
Name of the Student
Name of the University
Author Note

1IMMIGRATION LAW OF CANADA
 What was this case indexed as?
This case was indexed as Charkaoui v. Canada (Citizenship and Immigration).
 What are the case numbers assigned to this case?
The case numbers regarding this case are 30762, 30929 and 31178.
 What is the neutral citation for this case?
The neutral citation is 2007 SCC 9.
 What court was this case appealed from?
This case was appealed from the Federal Court of Appeal.
 What date(s) was this case heard?
The date is 2007/02/23.
 Please name 6 of the judges that heard this matter.
The six judges in this case are namely Beverly McLachlin, Louis LeBel, Marie
Deschamps, Michel Bastarache, Rosalie Abella and Marshall Rothstein.
 Please name all the statutes and regulations that were cited in this case.
Convention for the Protection of Human Rights and Fundamental Freedoms,
213 U.N.T.S. 221, arts. 5, 14.
 What Treaties and Other International Instruments were cited in this case?
Anti-terrorism Act, S.C. 2001, Canadian Charter of Rights and Freedoms and Immigration
and Refugee Protection Act, S.C. 2001, Canada Evidence Act, R.S.C. 1985, Constitution Act,

2IMMIGRATION LAW OF CANADA
1867, Criminal Code, R.S.C. 1985, Special Immigration Appeals Commission Act 1997 (U.K.),
Canadian Charter of Rights and Freedoms and Immigration and Refugee Protection Act,
S.C. 2001 are the statutes mentioned in this case.
 Please summarize what this case was about.
It was stated that section 7 as provided in the Charter was being violated by the certificate
mentioned in IRPA, because the right to an impartial procedure was being repudiated regarding
any individual whose name was mentioned in the certificate. The scheme of the certificate
mentions that any individual whose name is in the certificate shall not be educated about the
case, neither can that individual respond to that particular case. The Scheme also deprives a
judge from providing a decision in relation to the rationality of a safety certificate that is founded
on the actualities and the law regarding a particular case. However, it was mentioned that the
scheme of the certificate as provided in IRPA is not in violation of the idea of rule of law.

3IMMIGRATION LAW OF CANADA
References
Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, [2007] 1 SCR 350