The Canadian Security Certificate Regime

This work was prepared as part of the EU–Canada project - The Changing Landscape of Justice and Home Affairs Cooperation in the European Union and EU-Canada Relations – funded by the European Commission, Directorate-General for External Relations, Relations with the US and Canada. This project assesses the relations between the European Union (EU) and Canada in the area of Justice and Home Affairs (JHA). It aims at facilitating a better understanding of the concepts, nature, implications and future prospects related to the Europeanisation of JHA in the EU, as well as its role and dilemmas in the context of EU-Canada relations. The current Canadian system for naming and deporting non-citizens on grounds of national security reflects the influence of several salient trends in post- 9/11 policy making in Canada: judicial minimalism, the adoption of the most restrictive (as opposed to least restrictive) alternative that does not tip over into unconstitutionality, and the avoidance of political risk by following precedents already set by other jurisdictions. In this respect, the UK has been a clear source of inspiration for Canadian courts and parliamentarians regarding Special Advocates and control orders.

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