E/CN.4/2006/7/Add.2 page 13 resident, a judge shall commence a review of the reasons for the continued detention. The measures aimed at protecting the confidentiality of information apply to this hearing as well. Until the judge has determined whether the certificate is reasonable, the permanent resident must be brought back before a judge at least once every six months. The judge shall order the detention to be continued if satisfied that the permanent resident continues to be a danger to national security or to the safety of any person, or is unlikely to appear at a proceeding for removal (sect. 83). 45. If the person named in the security certificate is not a permanent resident, he may apply for release 120 days after the Federal Court determined the certificate to be reasonable. The judge may order the foreign national’s release from detention, under terms and conditions that the judge considers appropriate, if satisfied that the foreign national will not be removed from Canada within a reasonable time and that the release will not pose a danger to national security or to the safety of any person (sect. 84 (2)). III. POSITIVE ASPECTS A. Cooperation of the Government 46. During the entire visit and in all respects, the Working Group has enjoyed full cooperation of the federal Government and of all the provincial authorities it dealt with. The Working Group was able to visit all the detention centres or other facilities that it requested. In all these facilities, the Working Group has been able to meet with and interview whoever it wanted, police holds, pre-sentence detainees, convicted persons serving their sentence, immigration holds, women, minors, persons held in segregation quarters and infirmaries, detainees identified beforehand to the Government by their name and detainees chosen at random. In this context, it is particularly relevant to stress that the Government allowed the Working Group to hold long private interviews with the three security certificate detainees held at the Toronto West Detention Centre, as requested by the Working Group. The Working Group reiterates its gratitude for the authorities’ transparency and cooperation. B. Independence of the judiciary and checks on the criminal justice system 47. Canada is a country governed by the rule of law, in which a strong and independent judiciary strives to ensure that trials are fair and exercises a generally vigorous control over the lawfulness of all forms of deprivation of liberty. On the side of the criminal defendants, legal aid programmes provide representation to those who cannot afford it (with the limits the Working Group will discuss below), and lawyers in private practice have traditionally seen it as their role to exercise the profession also in the public interest by providing their services pro bono or at rates below the market rate. 48. In addition to the judicial control over the deprivation of liberty - and on a different level - the Working Group finds the role played by public enquiries into cases of malfunctioning of the criminal justice system particularly significant. Such enquiries have allowed the country as a whole to look into incidents of unjust detention, from miscarriages of justice to systemic discrimination against minorities in the criminal justice system, to the particular vulnerability of Canada’s Aboriginal people when they come into contact with law enforcement. These enquiries have clarified the systemic factors and root causes of several issues within the Working

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