Bill C-345
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C-345
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-345
An Act to amend the Immigration and Refugee Protection Act (appointment of special counsel)
first reading, June 22, 2006
Mr. Bains
391166
SUMMARY
This enactment provides for the appointment of a special counsel to represent the public interest in cases where
(a) a security certificate relating to a permanent resident or foreign national signed by the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness has been referred to the Federal Court under section 77 of the Immigration and Refugee Protection Act so that a judge may determine whether the security certificate is reasonable; and
(b) the judge has decided to hear information or evidence relating to that determination in the absence of the permanent resident or foreign national and their counsel.
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-345
An Act to amend the Immigration and Refugee Protection Act (appointment of special counsel)
2001, c. 27
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 78 of the Immigration and Refugee Protection Act is renumbered as subsection 78(1) and is amended by adding the following:
Appointment of special counsel
(2) Where a judge decides to hear information or evidence in the absence of a permanent resident or foreign national and their counsel under paragraph (1)(e), the judge shall notify the Minister of Public Safety and Emergency Preparedness, who shall appoint a member of the bar of a province as a special counsel to represent the public interest.
Role of special counsel
(3) A special counsel appointed under subsection (2)
(a) shall be present when the judge hears the information or evidence referred to in paragraph (1)(e) for the purpose of ensuring that the public interest is protected and that the hearing is conducted in accordance with the principles of procedural fairness and natural justice, including the principles of fundamental justice protected by the Canadian Charter of Rights and Freedoms; and
(b) may present arguments before the judge relating to any matters that are prescribed by the regulations.
Limitations on special counsel's liability
(4) A special counsel appointed under subsection (2) is not liable to the permanent resident or foreign national.
Published under authority of the Speaker of the House of Commons
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