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The judge may either quash the certificate or rule that it is reasonable and order the subject deported. Rulings by the court are not subject to appeal.

An individual may be held for several years, without any Criminal Charge s being laid, before a hearing is complete and can be deported without any charges or criminal conviction.

The security certificate provision has been in place since 1991 but was used infrequently before the September 11, 2001 Attacks on the World Trade Centre in New York City .

If the judge determines that the certificate is not reasonable, the certificate is quashed. If, however, the judge decides that it is reasonable, then the certificate becomes a removal order. The Federal Court's decision cannot be appealed.

Certificates have been used as a means to remove inadmissible non-Canadians since 1991. Currently, there are four individuals being detained in Canada under a security certificate:

A fifth man, Adil Charkaoui , a Morrocan , was detained in Montreal from May 2003 until February 2005 when he was freed on conditional release and essentially put under House Arrest .

Some activist groups have campaigned against the security certificate arguing that they violate Civil Liberties and Due Process by allowing individuals to be detained indefinitely, without charges being laid on the basis of secret evidence. Alexandre Trudeau , son of former Prime Minister Pierre Trudeau has been vocal in his criticisms of the certificates and has appeared in court to testify in favour of Almrei's release offering to act as a Surety on his behalf.

The Supreme Court Of Canada will hear an appeal in June of 2006 to decide whether the security certificate procedure violates the Canadian Charter Of Rights And Freedoms .


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