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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