Prevention of Terrorist Travel Act

Marginal note:Cancellations under Canadian Passport Order — terrorism or national security

• 4 (1) If a passport has been cancelled as a result of a decision of the Minister under the Canadian Passport Order that the passport is to be cancelled on the grounds that the cancellation is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state, the person to whom the passport was issued may appeal that decision to a judge within 30 days after the day on which the person receives notice of the Minister’s decision in respect of an application that was made under that Order to have the cancellation reconsidered.

• Marginal note:Extension

  (2) Despite subsection (1), the person may appeal the Minister’s decision that the passport is to be cancelled within any further time that a judge may, before or after the end of those 30 days, fix or allow.

• Marginal note:Determination and disposition

  (3) If an appeal is made, the judge must, without delay, determine whether cancelling the passport is reasonable on the basis of the information available to him or her and may, if he or she finds that cancelling it is unreasonable, quash the Minister’s decision that the passport is to be cancelled.

• Marginal note:Procedure

  (4) The following rules apply to appeals under this section:

  • (a) at any time during the proceeding, the judge must, on the Minister’s request, hear evidence or other information in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, the disclosure of the evidence or other information could be injurious to national security or endanger the safety of any person;

  • (b) the judge must ensure the confidentiality of the evidence and other information provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;

  • (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of evidence and other information that enables the appellant to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;

  • (d) the judge must provide the appellant and the Minister with an opportunity to be heard;

  • (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base his or her decision on that evidence;

  • (f) the judge may base his or her decision on evidence or other information even if a summary of that evidence or other information has not been provided to the appellant during the proceeding;

  • (g) if the judge determines that evidence or other information provided by the Minister is not relevant or if the Minister withdraws the evidence or other information, the judge must not base his or her decision on that evidence or other information and must return it to the Minister; and

  • (h) the judge must ensure the confidentiality of all evidence and other information that the Minister withdraws.