Kamel c Canada (Procureur général).pdf
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Zotero
Abstract Note
Headnote Constitutional law --- Charter of Rights and Freedoms — Nature of rights and freedoms — Mobility rights — General principles Applicant was born in Algeria, immigrated to Canada in 1988 and obtained Canadian citizenship on January 27, 1993 — In May 1999, applicant was arrested and found guilty of being member of criminal organization for purpose of preparing terrorist act and guilty of forging administrative document — Applicant was released after serving half his sentence and returned to Montreal with special passport — On June 13, 2005, applicant applied for passport because he planned to go to Thailan
Kamel c. Canada (Procureur général), 2009 CAF 21, 2009 FCA 21, 2009... 2009 CAF 21, 2009 FCA 21, 2009 CarswellNat 1004, 2009 CarswellNat 180... Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 "for personal reasons" — In accordance with s. 10.1 of Canadian Passport Order, Minister of Foreign Affairs refused to issue passport because such action was necessary for national security of Canada or another country — Applicant applied for judicial review of decision of Minister of Foreign Affairs — Reviewing judge allowed applicant's application and concluded that s. 10.1 of Order was invalid because it was vague and nebulous in its wording — Minister appealed against decision of reviewing judge — Appeal allowed — Here, Minister was entrusted with power to refuse to deliver passport for security reasons Evidence showed that s. 10.1 of Order had both general objective, that is to act against international terrorism, and special objective, that is to protect reputation of Canadian passport — Those objectives were sufficiently important to justify restrictions imposed on Canadian citizens' right to leave or to return to country — Once it was established that decision to refuse to issue passport served significant purpose, it was difficult to imagine how that decision could be made other than in manner provided in impugned section
Kamel c. Canada (Procureur général), 2009 CAF 21, 2009 FCA 21, 2009... 2009 CAF 21, 2009 FCA 21, 2009 CarswellNat 1004, 2009 CarswellNat 180... Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 "for personal reasons" — In accordance with s. 10.1 of Canadian Passport Order, Minister of Foreign Affairs refused to issue passport because such action was necessary for national security of Canada or another country — Applicant applied for judicial review of decision of Minister of Foreign Affairs — Reviewing judge allowed applicant's application and concluded that s. 10.1 of Order was invalid because it was vague and nebulous in its wording — Minister appealed against decision of reviewing judge — Appeal allowed — Here, Minister was entrusted with power to refuse to deliver passport for security reasons Evidence showed that s. 10.1 of Order had both general objective, that is to act against international terrorism, and special objective, that is to protect reputation of Canadian passport — Those objectives were sufficiently important to justify restrictions imposed on Canadian citizens' right to leave or to return to country — Once it was established that decision to refuse to issue passport served significant purpose, it was difficult to imagine how that decision could be made other than in manner provided in impugned section
Extra
18 pages.
Publisher
Federal Court of Appeal
Title
Kamel c Canada (Procureur général).pdf
Attachment Title
Kamel c Canada (Procureur général).pdf
Collection
Citation
Federal Court of Appeal, “Kamel c Canada (Procureur général).pdf,” Deobfuscating State Surveillance, accessed November 21, 2024, https://surveillance.glendon.yorku.ca/items/show/879.