Criminal Code

Marginal note:Judicial review

• 83.039 (1) The rules set out in subsection (2) apply to judicial review proceedings in respect of decisions made by the Public Safety Minister, the Minister of Foreign Affairs or the Minister of Citizenship and Immigration under sections 83.032 to 83.038.

• Marginal note:Rules

  (2) The following rules apply for the purposes of subsection (1):

  • (a) at any time during the proceeding, the judge must, on the request of the relevant Minister, 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 international relations, national defence or national security or could endanger the safety of any person;

  • (a.1) the judge may allow an amicus curiae who is appointed in respect of the proceeding to participate in a hearing under paragraph (a) and to review the evidence or other information that is the subject of the hearing;

  • (b) the judge must ensure the confidentiality of the evidence and other information provided by the relevant Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would 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 relevant Minister’s decision but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or would endanger the safety of any person if disclosed;

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

  • (e) the judge may base their decision on evidence or other information available to them 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 relevant Minister is not relevant or if the relevant Minister withdraws the evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the relevant Minister; and

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

• Marginal note:Protection of information on an appeal

  (3) Subsection (2) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in subsection (1) and to any further appeal, with any necessary modifications.

• Marginal note:Definition of judge

  (4) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.