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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'
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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