| This thesis considers the scant protection constitutional rights guarantees offer to non-citizens implicated in national security proceedings. Its focus is on the security certificate provisions of the Immigration and Refugee Protection Act, a procedure which allows deportation proceedings on national security grounds to proceed on the basis of ex parte in-camera hearings, admission of secret evidence and near-mandatory detention of the named individual. Challenges to the constitutionality of this process under the Canadian Charter of Rights and Freedoms have not taken up these due process issues, focusing instead of the applicability of the Charter's fundamental justice guarantees to non-citizens facing deportation. As a result, this thesis examines the construction of and reliance on particular notions of national security and (non)citizenship in the security certificate caselaw in an attempt to delineate and challenge the contingency of the Charter in respect of non-citizens. |
