Anti-terrorism Act, 2015 (S.C. 2015, c. 20)

Assented to 2015-06-18

 Section 84 of the Act is replaced by the following:

Marginal note:Protection of information on appeal

84. Section 83 — other than the obligation to provide a summary — and sections 85.1 to 85.5 apply in respect of an appeal under section 79, 79.1, 82.3 or 82.31 and in respect of any further appeal, with any necessary modifications.

 Subsection 85.4(1) of the Act is replaced by the following:

Marginal note:Obligation to provide information
  • 85.4 (1) Subject to paragraph 83(1)(c.1), the Minister shall, within a period set by the judge,

    • (a) provide the special advocate with a copy of the information and other evidence that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, on which the certificate or warrant is based and that has been filed with the Federal Court, but that is not disclosed to the permanent resident or foreign national and their counsel; and

    • (b) provide the special advocate with a copy of any other information that is in the Minister’s possession and that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, but on which the certificate or warrant is not based and that has not been filed with the Federal Court.

 Section 87 of the Act is replaced by the following:

Marginal note:Judicial review
  • 86.1 (1) The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person. The application may be made without an application for leave.

  • Marginal note:Effects of judicial review

    (2) The making of the application suspends the execution of the decision and, except in the case of a detention review, the proceeding referred to in section 86, until the application has been finally determined.

Marginal note:Application for non-disclosure — judicial review and appeal

87. The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Section 83 — other than the obligations to appoint a special advocate and to provide a summary — applies in respect of the proceeding and in respect of any appeal of a decision made in the proceeding, with any necessary modifications.

Marginal note:Appeal by Minister
  • 87.01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.

  • Marginal note:Effects of appeal

    (2) The appeal suspends the execution of the decision, as well as the judicial review, until the appeal has been finally determined.

Transitional Provision

Marginal note:Cases excluded from application of this Part

 The amendments made by this Part do not apply in respect of an application, proceeding or matter that is pending or in progress under Division 9 of Part 1 of the Immigration and Refugee Protection Act immediately before the coming into force of this Part, or in respect of any appeal or judicial review, commenced on or after that coming into force, of a decision made in such an application, proceeding or matter.

Coming into Force

Marginal note:Order in council

 This Part comes into force on a day to be fixed by order of the Governor in Council.

 
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