[2012] 1 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Security Certificate
Re-amended notice of motion for release, repealing of conditions, interim variance thereof—Proceeding brought in context of reasonableness hearing—Review conducted under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 82(5)—Supreme Court of Canada’s decision in Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, [2007] 1 S.C.R. 350 constituting governing authority for review of conditions of release, assessment of threat—Charkaoui holding that regular reviews of detention or conditions of release must take into account five obligatory but non-exclusive factors: reasons for detention; length of detention; reasons for delay in deportation; anticipated future length of detention; availability of alternatives to detention—Factors considered in context, circumstances surrounding applicant’s case—Applicant’s initial conditions of release stringent to neutralize threat applicant posing to national security or safety of any person—Applicant’s lengthy detention, stringent conditions of release having significant impact on applicant’s ability to communicate with extremist individuals or engage in terrorism-related activities—Length of detention, time released on conditions, absence of new significant evidence all favouring applicant—Terms, conditions of release must be subject to proportionality analysis, tailored to applicant’s precise circumstances—Current terms, conditions aimed at neutralizing threat applicant posing, rationally connected thereto—However, other factors mitigating in favour of relaxing terms, conditions of release; no evidence presented establishing that threat posed by applicant not attenuated since last review—Applicant’s terms, conditions of release relaxed to some degree.
Mahjoub (Re) (DES-7-08, 2011 FC 506, Blanchard J., judgment dated April 2, 2011, 48 pp.)