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Public Safety committee In order to give an appropriate answer to the question you raise, we would have to go back to 1982, when a document entitled “The Constitution Act, 1982”, incorporated the Canadian Charter of Rights and Freedoms, was enacted. The answer is right there: it uses the term “chacun” o
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee No, not with respect to security certificates. An additional element is being introduced here with respect to security certificates, but the actual appeal process already exists.
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee Yes, exactly. That is the way it works, but it is not a right of appeal that will necessarily result in a stay. It's important to understand that steps are taken and the case is heard on appeal, but that does not result in a stay. That's the first point. Secondly, I'd like to co
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee The judge hears the case and determines whether the certificate is adequate or not. If he says it isn't, he may decide that a point of law warrants a debate on the principle. He can then certify…
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee The process for certifying a question does exist in the legislation, yes.
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee It already exists, but not necessarily in relation to the security certificate process, as we understand it.
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee Yes, it is already in the legislation, Mr. Ménard.
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee I'm not sure that was one of the criticisms, but I do know that the process provided for here already exists in… [Technical difficulties-Editor].
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee It is not a right of appeal; it is a principle of judicial review. Nowhere in the Immigration Act is an actual right of appeal granted, except for permanent residents. There is provision for referral to the Immigration Appeal Division. That is the only place in the Immigration Ac
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee I would like to add to that answer. I have not done any particular research on that point. However, I want to stress that if the Canadian government, in its wisdom, and on the basis of its own analysis and research, arrives at the conclusion that a number of countries it has ide
November 29th, 2007Committee meeting
Hugues Langlais
Public Safety committee If I could just add something, having dealt with cases of this type, I would say it is inevitable that one would be faced with a massive amount of information to process. One head could do some of that, but two, three or even four heads sharing the burden is preferable. It would
November 29th, 2007Committee meeting
Hugues Langlais