Harkat – Application for Leave to Appeal – Oct. 17th 05

Court File: IN THE SUPREME COURT OF CANADA (On appeal from the Federal Court of Appeal)

B E T W E E N :

MOHAMED HARKAT Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION THE SOLICITOR GENERAL OF CANADA THE ATTORNEY GENERAL FOR CANADA Respondents

___________________________________________

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

___________________________________________

TAKE NOTICE that the Applicant Mohamed Harkat hereby applies for leave to appeal to the Court, pursuant to Rule 25, from the Judgement of the Federal Court of Appeal File No. A-144-05 made the 6th day of September, 2005 and for an order for his costs of this application, or such further or other order that the Court may deem appropriate. AND FURTHER TAKE NOTICE that this application for leave is made on the following grounds: 1. Argument on the constitutional issue in this case was completed before Justice Dawson on December 9th, 2004. 2. On December 10th, 2004 the Federal Court of Appeal released its decision in the Charkaoui case. 3. Justice Dawson released her decision on the reasonableness of the security certificate and on the constitutional issue on March 22nd, 2005. 4. The appeal in the Federal Court of Appeal was scheduled to be argued on September 6th, 2005. On August 25th, 2005 the Supreme Court of Canada granted leave to appeal from the Judgement of the Federal Court of Appeal in the Charkaoui case. 5. On September 6th, 2005 the applicant’s appeal was argued in the Federal Court of Appeal before the same three Judges who decided the Charkaoui case. The position of the applicant was that the Charkaoui decision was wrong in law. 6. In the Harkat appeal the Federal Court of Appeal followed its ruling in the Charkaoui case. The Court did not call on the Crown and gave its decision orally. 7. After the conclusion of the Harkat appeal counsel for the Respondents was asked whether the Respondent would consent to an application for leave to appeal in the Supreme Court of Canada. To date the Respondents have not indicated whether they would consent to the granting of leave to appeal. 8. The Federal Court erred in concluding that the provisions of Section 76-81 of the Immigration and Refugee Protection Act comply with the fundamental justice provisions of Section 7 of the Canadian Charter of Rights and Freedoms. 9. It is appropriate in this case that leave to appeal be granted in order that the Applicant will have the opportunity of arguing this appeal at the same time as the Charkaoui appeal is argued in the Supreme Court of Canada. DATED at Toronto, Ontario, this day of October, 2005.

Signed by ______________________________

Paul D. Copeland
Copeland, Duncan Barristers & Solicitors
31 Prince Arthur Avenue
Toronto, Ontario M5R 1B2
Tel. (416) 964-8126 Ext. 142
Fax: (416) 960-5456

Matthew Webber
Webber, Schroeder
Barristers & Solicitors
220 Elgin Street 2nd Floor
Ottawa, Ontario K2P 1L7
Tel.
Fax. 1 (613) 860-1549

Solicitors for the Applicant

ORIGINAL TO: The Registrar Supreme Court of Canada.
COPIES TO: Counsel for the Respondent Donald MacIntosh
The Attorney General of Canada
Department of Justice
Toronto Regional Office
130 King Street West Exchange Tower Suite 3400, Box 36
Toronto, Ontario M5X 1K6
Tel: (416) 973-0066
Fax: (416) 954-8982

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