SCC decision: February 23, 2007

Click here for link to full judgment.
(Charter / fundamental justice / detention / security certificates / Immigration and Refugee Protection Act)

Foreign nationals or Canadian permanent residents may be detained upon entering the country if they are thought to be a security threat, under the Immigration and Refugee Protection Act (IRPA). The Court held that various provisions of the IRPA, including provisions relating to the length of detention and denial of a review process, were unconstitutional.  The Court suspended its order to strike the offending sections for one year.