Based on the decision for Assignment II Charkaoui, Re 2007 SCC 9, 2007 Carswell Nat 325.
Based on the decision for Assignment II Charkaoui, Re 2007 SCC 9, 2007 Carswell Nat 325. (herein after referred to as “Judgement/Decision”)
1.(a) List the Rules of Natural Justice.
(b) How was each rule of natural Justice followed or not followed when the Federal court Judge issued a security certificate for appellants in the Charkaoui decision?
2. What are the three parts in the Test to be applied in determining a justification ( section 1) in limiting rights contained in the Charter as decided in R. v. Oakes, [1986] 1SCR 103 case, known as the Oakes Test.?
Were the three parts in Oak Test satisfied in infringing the Appellants’ Charter of rights and freedoms inCharkaoui decision?
3. What is a Security Certificate issued under IRPA.? Please list 5 characteristics/features of a Security Certificate, including it’s effect on the person named in the certificate.
4. List, (with pinpointing to sections) the appellants’ charter of rights and freedoms sections that have been infringed/breached/violated as held by the Supreme court in Charkaoui decision.
Select 2 of those court’s holdings for 2 infringed Charter sections, and write opinion with reasons to disagree with the court’s holdings . (counter arguments)
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