E/CN.4/2006/7/Add.2 page 23 means persons belonging to vulnerable and marginalized social groups. In this context, the Working Group also recommends to make available additional resources to cover unmet needs for legal aid in the criminal justice system; (c) The detention of asylum-seekers remain exceptional. Moreover, the Working Group recommends that the Government change the provisions in the immigration law and/or their application policies which give rise to cases of unjustified detention of migrants and asylum-seekers, as identified by the Working Group, and strengthen the control of the Immigration Division over the decision-making by immigration officers. The Working Group further recommends that the Government take remedial action with regard to the practical aspects of immigration detention that impede the effectiveness of the right to challenge detention, in particular the co-mingled detention in criminal high security facilities; (d) The Government reconsider its policy of using administrative detention and immigration law to detain persons suspected of involvement in terrorism and particularly the use of security certificates. The Working Group recommends that detention of terrorism suspects be imposed in the framework of criminal procedure and in accordance with the corresponding safeguards enshrined in the relevant international law, in particular articles 9, paragraph 3, and 14 of the International Covenant on Civil and Political Rights, to which Canada is a party. Notes 1 This provision was construed and given an ample remedial interpretation by the Supreme Court of Canada in the Gladue judgement of 23 April 1999 (R. v. Gladue [1999] 1 S.C.R. 688). 2 R. v. Proulx, [2000] 1 S.C.R. 61. 3 Juristat, Canadian Centre for Justice Statistics, vol. 24, No. 10, Adult Correctional Services in Canada, 2002/03, p. 4. 4 The CBSA provided the Working Group with statistics clearly evidencing this situation. In the fiscal year 2003/04 the average days of detention per detainee in CBSA facilities were 7.67, while in non-CBSA facilities (i.e. criminal detention centres) the average amounted to 26.99 days. 5 In the Ahani case the United Nations Human Rights Committee found a violation of article 9 (4) of the Covenant in the case of a person detained under a security certificate (Ahani v. Canada, Comm. No. 1051/2002; (see CCPR/C/80/D/1051/2002 (2004), paras. 10.2 and 10.3). Mr. Ahani, who had been recognized as a refugee in Canada, was held in immigration custody (without criminal charges being raised) for nine years, from June 1993 to June 2002, when he was removed to the Islamic Republic of Iran. -----