[2013] 3 F.C.R. D-2
CONSTITUTIONAL LAW
Charter of Rights
Mobility Rights
Appeal from Federal Court decision (2011 FC 1061) dismissing application for judicial review against decision of Minister of Foreign Affairs denying appellant regular passport on national security grounds under Canadian Passport Order, TR/81-86 (Order), s. 10.1—Appellant, Canadian citizen, submitting that decision violating rights protected by Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 6, 7, 8—Appellant convicted in France for participation in preparation of act of terrorism, complicity in passport forgery—Passport Canada making negative recommendation to Minister based on conviction, Canada’s obligations to counter terrorism, integrity, reputation of Canadian passport—Federal Court holding rights claimed by appellant under s. 7 not among “basic choices going to the core of what it means to enjoy individual dignity and independence”, appellant presenting no meaning of Charter, s. 1—Whether Minister’s decision reasonable, consistent with necessity test—Minister having to balance applicable Charter values, objectives of Order—Refusal to deliver passport to appellant not additional punishment for acts leading to conviction—Minister having discretion in balancing—Minister’s refusal to deliver passport limited in time—Minister therefore respecting proportionality test of Charter, s. 1 analysis—Causal link existing between national security, Minister’s refusal to deliver passport—Appeal dismissed.
Kamel v. Canada (Attorney General) (A-377-11, 2013 FCA 103, Trudel J.A., judgment dated April 16, 2013, 22 pp.)