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                                                                                                                                  Date: 20050217

                                                                                                                             Docket: DES-3-03

Citation: 2005 FC 258

Ottawa, Ontario, the 17th day of February, 2005

Present:           THE HONOURABLE MR. JUSTICE SIMON NOËL

BETWEEN:

IN THE MATTER OF a certificate

pursuant to subsection 77(1) of the

Immigration and Refugee Protection Act,

S.C. 2001, c. 27 (the IRPA),

signed by the Minister of Immigration and

the Solicitor General of Canada (the Ministers);

IN THE MATTER OF the referral

of this certificate to the Federal Court

of Canada pursuant to subsection 77(1)

and sections 78 and 80 of the IRPA;

IN THE MATTER OF the warrant for the

arrest and detention and the review of the

reasons for continued detention pursuant

to subsections 82(1), 83(1) and 83(3) of the IRPA;

AND IN THE MATTER OF a further application

for adjournment by Mr. Adil Charkaoui (Mr. Charkaoui)

of the hearing on the reasonableness of the certificate


REASONS FOR ORDER AND ORDER

INTRODUCTION

[1]         One week before the commencement of the peremptorily scheduled hearing on the reasonableness of the certificate, Mr. Charkaoui is seeking an adjournment, the reason being that an (unidentified) Radio-Canada reporter had informed his counsel that an investigation he conducted in Morocco had produced some information and evidence concerning the lawfulness and credibility of the deposition of Mr. Nourredine Nafia that would serve to refute the allegations, but that this information was not available. This is Mr. Charkaoui's sixth request for adjournment.

[2]         Having examined the motion, the affidavit in support and the reply by the Ministers, the undersigned finds that the motion is incomplete in that it fails to disclose:

-            the name of the reporter;

-            the context explaining his involvement in this matter;

-            the context explaining the circumstances in which the journalist contacted counsel for Mr. Charkaoui;

-            the substance of the information contradicting Mr. Nafia's allegations;

[3]         The Court considers the motion to be insufficient and incomplete, in that it gives no understanding of the reason for the request and the possible grounds for an adjournment.

[4]         In any event, the Court is of the opinion that the Rules of the Court are available to Mr. Charkaoui, and that they provide some tools for disclosure of the evidence.

[5]         The Court has informed counsel for Mr. Charkaoui that an amendment to the list of witnesses would be allowed.

FOR THESE REASONS, THE COURT ORDERS AS FOLLOWS:

-            The motion for an adjournment of the hearing scheduled for the week of February 21, 2005, is dismissed.

                          "Simon Noël"

                                Judge

Certified true translation

Peter Douglas


FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                            DES-3-03

STYLE OF CAUSE:                                       

IN THE MATTER OF a certificate

pursuant to subsection 77(1) of the Immigration and Refugee Protection Act,

S.C. 2001, c. 27 (the IRPA), signed by the Minister of Immigration and

the Solicitor General of Canada (the Ministers);

IN THE MATTER OF the referral of this certificate to the Federal Court

of Canada pursuant to subsection 77(1) and sections 78 and 80 of the IRPA;

IN THE MATTER OF the warrant for the arrest and detention

and the review of the reasons for continued detention pursuant

to subsections 82(1), 83(1) and 83(3) of the IRPA;

AND IN THE MATTER OF a further application

for adjournment by Mr. Adil Charkaoui (Mr. Charkaoui)

of the hearing on the reasonableness of the certificate

DATE OF HEARING:                        MOTION IN WRITING

REASONS:                                         The Honourable Mr. Justice Simon Noël

DATE OF REASONS:                       February 17, 2005

APPEARANCES:


Daniel Roussy

Luc Cadieux                 


FOR THE SOLICITOR GENERAL OF CANADA


Daniel Latulippe


FOR THE MINISTER OF CITIZENSHIP AND IMMIGRATION


Dominique Larochelle

Karine Giguère


FOR ADIL CHARKAOUI      



SOLICITORS OF RECORD:


John H. Sims

Deputy Attorney General of Canada


FOR THE SOLICITOR GENERAL OF CANADA AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION


Des Lonchamps, Bourassa, Trudeau and Lafrance

Montréal, Quebec


FOR ADIL CHARKAOUI

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