Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Security Certificate
Motion seeking clarification of conditions imposed by Court on respondent upon release from detention—Respondent detained on basis of security certificate, found inadmissible to Canada as engaged in terrorist activities—Ordered released from detention upon number of terms, conditions—Respondent raising issues with respect to conduct of Canada Border Services Agency (CBSA) relating to opening of mail, taking of photographs, constant, intrusive physical surveillance—(1) Respondent, wife, adult son signing consent to interception of mail—Making, retaining of photocopies of respondent’s mail amounting to “seizure” within meaning of Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 8, but not “unreasonable” in light of surrounding circumstances—Terms, conditions imposed by Court intended to provide CBSA with ability to monitor compliance of respondent with terms, conditions of release, but not providing CBSA with carte blanche to use mail for any, all purposes—(2) Nothing inappropriate in CBSA taking photographs—(3) As general rule, physical surveillance not requiring prior judicial authorization—Moreover, Court contemplating respondent’s activities would be monitored by CBSA through use of physical surveillance, amongst other means—Whether way CBSA carrying out physical surveillance violating Charter, s. 7 not determined herein as Charter questions should not be decided in absence of proper evidentiary record.
Canada (Minister of Citizenship and Immigration) v. Jaballah (DES-6-08, 2009 FC 33, Mactavish J., order dated January 15, 2009, 54 pp.)