The Lawyers Weekly - July 16, 2010

Makes violence
look more
thoughtful
Comments foreshadowed in Air India report

Mahjoub
Continued From Page 3
Miller
Continued From Page 5

burden of establishing that information they rely upon is reliable and appropriate,” Justice Blanchard held.

Had he ruled otherwise, security certificate detainees would have found it much harder to exclude suspect government evidence.

In his redacted communica-
tion (expanded expurgated “pub-
lic” reasons are expected to be
released shortly), Justice Blan-
chard said “there are reasonable
grounds to believe that the infor-
mation collected [redaction] was
obtained by the use of torture. It
follows that the information is
inadmissible pursuant to para.
83(1)(h) and s. 83(1.1.) of the
Immigration and Refugee Protec-
tion Act (IRPA).”
Those sections exclude from
security certificate proceedings
both primary and derivative evi-
dence believed on reasonable
grounds to have been obtained as
a result of torture or CIDT.

“There are reasonable grounds to believe that
the convictions…were obtained as a result
of the use [of] torture.
Jeffrey Miller is a writer, free-
lance translator, and an adjunct
professor of law and literature in
the law faculty of the University of
Western Ontario. His latest book is
Murder on the Rebound, a comic
novel set in the legal community.

We want to hear from you! E-mail us at: tlw@lexisnexis.ca ;

notorious Returnees of Albania trial. In that Egyptian case, a raft of Islamists accused of wanting to overthrow the Egyptian government were tried and convicted (Mahjoub in absentia).

Held Justice Blanchard,
“there are reasonable grounds to
believe that the convictions…
were obtained as a result of the
use [of] torture.”
problems in trying to use CSIS
“intelligence” as “evidence” in
security certificate cases.

Reasons: Mahjoub (Re), [2010] F.C.J. No. 819.
We want to hear from you!
E-mail us at: tlw@lexisnexis.ca ;
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