49 Part 1 against them – including materials affecting the credibility of informants. Preventing this review otherwise interferes with the freedom from arbitrary arrest or detention and the right to a fair judicial process. Adequate measures to compensate for this complete non-disclosure, such as special advocates must be provided to detainees. Less intrusive alternatives exist in such circumstances to protect the individual while keeping critical information confidential. The right to a fair trial should apply to any proceedings – administrative, civil and criminal – where the liberty of the individual is in question. * This case study is taken from the facts in Charkaoui v. Canada (Citizenship and Immigration), and the analysis of the question on the findings of the Supreme Court of Canada in that case.57 Key points – Part 1: • In order to comply with international human rights standards, intelligence databases should store only information that is relevant, accurate and up-to-date, and should be subject to regular weeding; • Intelligence databases should be kept secure in order to protect the security of both sources and subjects; • SITs should be used only in counter-terrorism cases when no other means of investigation are suitable, and should be subject to either prior external authorization or ex-post facto external review; • Undercover agents must be carefully selected and properly trained and briefed prior to being deployed, in order to ensure that their safety and security are not compromised and that they do not inadvertently breach the human rights of suspects; and • An investigation should be launched on the basis of a reasonable suspicion, and the suspect must be presumed innocent until his or her guilt has been proven by a court. 57 57 Supreme Court of Canada, Charkaoui v. Canada (Citizenship and Immigration), Cases number 30762, 30929, 31178, 23 February 2007, <http://scc.lexum.org/decisia-scc-csc/scccsc/scc-csc/en/item/2345/index.do>.