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Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida

Version of section 5.4 from 2014-09-26 to 2020-05-31:

  •  (1) Within 60 days after the date of receipt of the notice of the decision referred to in subsection 5.3(2), the applicant may apply to a judge for judicial review of the decision.

  • (2) When an application is made, the judge shall, without delay

    • (a) examine, in private, any security or criminal intelligence reports relating to the applicant’s designation as a person associated with the Taliban or a person associated with Al-Qaida and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at the request of the Minister, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

    • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

    • (c) provide the applicant with a reasonable opportunity to be heard; and

    • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the Minister seek a review of the case.

  • (3) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

  • SOR/2006-164, s. 6
  • SOR/2014-212, s. 11

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