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October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  It is absolutely possible. It is very legitimate to consider this question of the use of special advocates.

October 26th, 2006Committee meeting

Daniel Therrien

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  In some capacity, yes.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  Absolutely it's a possibility. The system we have has been sanctioned. Its constitutionality has been approved so far, subject to what the Supreme Court will say. But there could be other ways of trying to balance fairness and national security considerations, and certainly givin

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  I will ask my colleague from CIC to answer this question, as the public servants in question report to her.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  We are examining the possibility of appealing the decision.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  The matter is being studied.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  The pre-removal risk assessment process was applied subsequently to these decisions, but I do not see any connection. The Court set aside the certificate strictly because of inadmissibility, while the PRRA deals with the risk for the person in a distinct manner.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  The PRRA officers are front-line officers. They conduct a preliminary assessment and are experts in risk assessment. Another person then decides if that person is a security risk. The person who makes the final decision is a senior official, a delegate of the Minister of Citizens

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  That would be premature.

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  Three certificates have been invalidated. I have not looked at the details of these decisions, but in general they were invalidated because the Court was of the opinion there was insufficient evidence to conclude the person was inadmissible. These decisions were rendered on the m

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  Actually, you're asking why has the law not been changed, and I'm not sure you're asking the right person. What I can say as an official is that the system we have has so far, subject to what the Supreme Court will tell us soon, been found to be fair, constitutional, not perfect,

October 26th, 2006Committee meeting

Daniel Therrien

Citizenship and Immigration committee  Mr. Telegdi's question raises a number of important questions, the independence of the judiciary and the question of fairness and special advocates, but at the heart of it is why immigration law versus criminal law, criminal law having fuller safeguards. So we have people who th

October 26th, 2006Committee meeting

Daniel Therrien

October 26th, 2006Committee meeting

Daniel Therrien