Mohamed Mahjoub, subject to a security certificate and deportation order, sought habeas corpus in the Superior Court to challenge the indefinite conditions of his release, arguing Charter breaches.
The Minister moved to stay the application, citing lack of jurisdiction or, alternatively, the existence of an adequate appeal route and the comprehensive nature of the IRPA security certificate scheme (Peiroo exception).
The motion judge granted the stay.
Mahjoub appealed.
The Court of Appeal dismissed the appeal, agreeing that the IRPA's security certificate review process, with its specialized Federal Court judges and special advocate system, constitutes a comprehensive and advantageous scheme for reviewing detention conditions, thus precluding habeas corpus, even though the motion judge erred regarding the adequacy of the appeal route.