The appellants, foreign nationals and a permanent resident, were detained under security certificates issued pursuant to the Immigration and Refugee Protection Act (IRPA).
They challenged the constitutionality of the IRPA's certificate scheme, which allows for detention and deportation based on secret evidence not disclosed to the named person.
The Supreme Court of Canada held that the procedure for determining the reasonableness of a certificate infringes section 7 of the Charter because it denies the named person the right to know the case to meet, and is not saved by section 1.
The Court also found that the lack of prompt review for the detention of foreign nationals infringes sections 9 and 10(c) of the Charter.
The Court struck down the offending provisions but suspended the declaration of invalidity for one year to allow Parliament to amend the law.
