| Citation: |
Jaballah (Re), 2010 FC 80, [2010] 3 F.C.R. D-17 |
DES-6-08 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Security Certificate
Motion by special advocates for stay of proceedings on grounds of res judicata, cause of action estoppel, issue estoppel—Proceeding herein concerning third security certificate issued in respect of Jaballah—First certificate quashed in 1999—In 2003, Court finding second certificate reasonable—Also finding new, significant information not ascertainable by ministers before first certificate quashed—Such information possibly leading to different conclusion in 1999—Court therefore finding principles of res judicata, issue estoppel, abuse of process claimed by Jaballah not applicable—Second certificate subsequently terminated by legislation, leading to issuance of third certificate—2003 evidence still new—Whether special circumstances exist estopping ministers from relying on issue estoppel with respect to 2003 finding of new, significant information—Special circumstances asserted flowing from constitutional infirmity of prior proceedings, absence of disclosure persuant to Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38, [2008] 2 S.C.R. 326 (Charkaoui II), absence of special advocates—Although 2003 finding that res judicata, issue estoppel, abuse of process not applicable made in constitutionally flawed proceeding, such flaws materially reduced as 2003 finding based on public record—Notwithstanding Charkaoui II disclosure, no information, evidence produced by special advocates changing 2003 finding—Motion dismissed.
Jaballah (Re) (DES-6-08, 2010 FC 80, Dawson J., order dated January 22, 2010, 34 pp.)