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  • (a) [Repealed, 2024, c. 16, s. 88]

  • (a.1) [Repealed, 2024, c. 16, s. 88]

  • (b) [Repealed, 2024, c. 16, s. 88]

  • (c) [Repealed, 2024, c. 16, s. 88]

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

  • (e) [Repealed, 2024, c. 16, s. 88]

  • (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:For greater certainty

  (2.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the judicial review proceedings referred to in subsection (1).

• 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.