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SCC Decision: June 26, 2008

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Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38
Click here to link to the full judgment. 
(Constitutional law / Charter / Immigration law)
C was arrested and detained under an immigration security certificate.  During reviews of his detention, CSIS was ordered to turn over interview notes that should have been disclosed.   New allegations were filed against C, based on new evidence.  C filed a motion to dismiss this new evidence, and for disclosure of notes from his interview.  CSIS admitted that it had destroyed those notes, pursuant to policy.  C applied for a stay of proceedings or exclusion of the new evidence.  The Court held that the destruction of the notes breached CSIS's statutory obligations and compromised judicial review.  The hearing judge granted the appropriate remedy by postponing the detention review hearing.  The Court denied the stay application, but confirmed that CSIS should release C's entire file, first to be filtered by the judge, then to C.
Majority/Dissent: 9/0