Prevention of Terrorist Travel Act

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

• 6 (1) The rules set out in subsection (2) apply to judicial review proceedings in respect of the following decisions:

  • (a) a decision of the Minister under the Canadian Passport Order that a passport is not to be issued or is to be revoked on the grounds that the refusal to issue or the revocation 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; and

  • (b) a decision of the Minister under that Order that passport services are not to be delivered to a person on a ground referred to in paragraph (a) if

    • (i) the Minister’s decision is made after he or she decides, on the same ground, that a passport is not to be issued to the person or is to be revoked, or

    • (ii) the Minister’s decision is made after the passport issued to the person has expired, but, based on facts that occurred before the expiry date, he or she could have decided that the passport is to be revoked on the same ground had it not expired.

• Marginal note:Rules

  (2) The following rules apply for the purposes of this section:

  • (a) at any time during the proceeding, the judge must, on the Minister’s request, hear submissions on evidence or other information in the absence of the public and of the applicant 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) the judge must ensure that the applicant is provided with a summary of the evidence and other information available to the judge that enables the applicant to be reasonably informed of the reasons for the Minister’s decision 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 applicant and the Minister with an opportunity to be heard;

  • (e) the judge may base his or her decision on evidence or other information available to him or her even if a summary of that evidence or other information has not been provided to the applicant;

  • (f) 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

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