giving directions to his home and instructions on
how to make Molotov cocktails. The author lodged
complaints with the police but no investigation took
place. On 14 April 1995, he received a razorblade
attached to a mousetrap in his mail from the group
called “Anti-Fascist Militia”. The group warned that
a bomb would be next. No one was charged in this
context.
2.9 On 1 May 2003, the Minister of Citizenship
and Immigration and the Solicitor General of Canada
(the Ministers) issued a certificate finding the author
to be inadmissible to Canada on grounds of security,
under section 77 of the Act.3 He was served with an
arrest warrant, under section 82 of the Act, 4 while
detained at Niagara Detention Centre. The matter
was referred to the Federal Court of Canada for a
review of the reasonableness of the security
certificate and a review of the need for the author’s
continued detention, pending the outcome of security
certificate reasonableness determination. Pursuant to
section 77 of the Act, the Court reviewed the
information presented by the Ministers in camera
and determined that portions of the information
should not be disclosed, as its disclosure would harm
national security. On 5 May 2003, the Court ordered
that the author be provided with a “Statement
Summarizing the Information and Evidence” (the
Summary), outlining the author’s position in the
white supremacist movement and his contact with its
members and other right-wing extremists. In
addition to the Summary, the Ministers provided the
author with a Reference Index containing more than
1600 pages of unclassified documents that support
the information provided in the Summary.
2.5 At the end of May 1995, a pipe bomb was
mailed to the author. Suspicious of the parcel, he
took it unopened to the police. Toronto police
determined that it would have killed the person who
opened it and anyone else within 90 metres of the
blast. The author implies that the Canadian Security
Intelligence Service knew about the bomb. Although
two men were charged in March 1998, they were not
charged with attempted murder of the author. In
2000, all charges against the two men were stayed.
2.6 In August 1995, the author was given notice
that his application for citizenship had been
suspended as the Minister for Citizenship and
Immigration was of the view that reasonable grounds
existed to believe that he was a threat to Canada’s
national security. In October 1995, he received a
Statement of Circumstances outlining why he was a
threat to security. While he had never committed any
violence himself, his status in the “right wing” meant
that he might advocate others to do so in the future.
In December 2000, the author withdrew his
application for citizenship.
2.10 On 6 May 2003, the author filed a Notice of
Constitutional Question with the Federal Court of
Canada. The Notice indicated that he would
challenge the constitutionality of the security
certificate scheme for non-compliance with the
Canadian Charter of Rights and Freedoms (the
Charter). In 2003, he also challenged his detention
before the Ontario Superior Court of Justice for a
writ of habeas corpus, at the same time as he
challenged the constitutional validity of the Act. On
14 October 2003, he foreclosed the Federal Court’s
consideration of his constitutional challenge by
withdrawing his Notice of Constitutional Question.
On 25 November 2003, the Superior Court declined
to hear the application on grounds that it was an
attempt to bypass the comprehensive statutory
scheme and usurp a process already underway, and
that the constitutional arguments were already before
the Federal Court. This decision was confirmed on
2.7 In 2000 the author left Canada, to live with
his wife in the United States. He was deported from
the United States to Canada on 19 February 2003, on
grounds of irregularities in immigration proceedings.
He claimed refugee status and was initially detained
under section 55 2 of the Immigration and Refugee
Protection Act (the Act). On 24 February 2003, the
Refugee Protection Division was notified by the
Citizenship and Immigration Canada that pursuant to
section 103 (1) of the Act, the Division was required
to suspend consideration of the refugee claim on the
grounds that the author’s case had been referred to
the Immigration Division for a determination on
inadmissibility on grounds of national security.
2.8 The author has had a series of detention
review hearings pursuant to section 58 of the Act. In
each of these hearings, it was held that the Minister
was taking steps to inquire whether reasonable
grounds existed that the author was a threat to
national security.
3
Section 77 (1): “The Minister and the Solicitor General
of Canada shall sign a certificate stating that a permanent
resident or a foreign national is inadmissible on grounds
of security, violating human or international rights, serious
criminality or organized criminality and refer it to the
Federal Court, which shall make a determination under
section 80.”
4
Section 82 (1): “The Minister and the Solicitor General
of Canada may issue a warrant for the arrest and detention
of a permanent resident who is named in a certificate
described in subsection 77 (1) if they have reasonable
grounds to believe that the permanent resident is a danger
to national security or to the safety of any person or is
unlikely to appear at a proceeding or for removal.”
2
Section 55 (1) states: An officer may issue a warrant for
the arrest and detention of a permanent resident or a
foreign national who the offer has reasonable grounds to
believe is inadmissible and is a danger to the public or is
unlikely to appear for examination, an admissibility
hearing or removal from Canada.
21
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