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24 K.L.J. 1 (2013)

handle is hein.journals/kingsclj24 and id is 1 raw text is: DOI: http://dx.doi.org/10.5235/09615768.24.1.1 Blurring the Civil-Criminal Divide for Process Rights: Closed Material Procedures and the Curious Character of Preventive Security Measures Joseph Chedrawe' A. INTRODUCTION Closed material procedures (CMPs) are defined by a decision-maker's entitlement to render a decision using material that has not been disclosed to one of the parties on the basis that such disclosure would be contrary to the public interest. The rise of CMPs in the security context has been the subject of intense debate in both Canada and the United Kingdom, where the Canadian security certificate and its United Kingdom equiv- alents (the now-defunct control order and the terrorism prevention and investigation measure) are preventive security measures. Some have criticised the placement of these preventive security measures within the civil domain, arguing that their consequences- namely a deprivation of life, liberty and security rights-are of a criminal character and thus more stringent processes should apply to ensure that rights are safeguarded. Limited disclosure and the use of secret evidence, in particular, have been criticised for violating the suspect's right to know the case. Security certificates are measures by which suspects of terrorism are deemed inad- missible to Canada and which lead to their detention and eventual deportation.' Such certificates can only be issued against permanent residents, foreign nationals and refu- gees, not Canadian citizens.2 After reviewing a report provided by the Canadian Security and Intelligence Service (CSIS), the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness may together sign a certificate in which they indicate that the suspect is inadmissible on grounds of security, violating Barrister and Solicitor (Canada). I am indebted to Lucia Zedner, Liora Lazarus, Laura Hoyano and Victor Tadros for their guidance and helpful comments on earlier versions of this work. The usual caveats apply. 1 Immigration and Refugee Protection Act SC 2001 c 27 (CDA) ('IRPA') Division 9: Certificates and Protec- tion of Information. 2 lbid, s 77(1). (2013) 24 KLJ 1-18

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