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Kanyamibwa v. Canada (Public Safety and Emergency Preparedness), IMM-500-08, 2010 FC 66

May 22, 2010 by lorne

Jurisprudence Brief: 
The case deals with issues related to the appointment of a special advocate in non security certificate cases which are issues on which the jurisprudence is limited. It also discusses the breach of fairness when relying on secret evidence and the requirement of being able to meet the case. Although the court did not find a breach its reasoning is important because it considers the scope of the duty and finds that there would have been a breach if the applicant had shown he was better able to address the issues. Finally the decision setting aside the minister's decision despite the high degree of deference is noteworthy.
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