Why is the Government introducing special advocates?
On February 23, 2007, the Supreme Court of Canada ruled in Charkaoui that the security certificate provisions in the Immigration and Refugee Protection Act were unconstitutional because the process violated the rights of persons named in a certificate to a fair hearing. The Supreme Court of Canada suspended the declaration of invalidity for one year to give Parliament time to amend the security certificate legislation. The Government has responded to Charkaoui with Bill C-3. This new legislation adds a special advocate regime to security certificate and related proceedings under the Immigration and Refugee Protection Act. It strikes a balance between protecting the rights of persons named in a certificate and ensuring the confidentiality of information which, if disclosed, would be injurious to national security or endanger a person’s safety.
