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Immigration and Refugee Protection Act

Version of section 85.4 from 2015-07-01 to 2020-10-05:


Marginal note:Obligation to provide information

  •  (1) Subject to paragraph 83(1)(c.1), the Minister shall, within a period set by the judge,

    • (a) provide the special advocate with a copy of the information and other evidence that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, on which the certificate or warrant is based and that has been filed with the Federal Court, but that is not disclosed to the permanent resident or foreign national and their counsel; and

    • (b) provide the special advocate with a copy of any other information that is in the Minister’s possession and that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, but on which the certificate or warrant is not based and that has not been filed with the Federal Court.

  • Marginal note:Restrictions on communications — special advocate

    (2) After that information or other evidence is received by the special advocate, the special advocate may, during the remainder of the proceeding, communicate with another person about the proceeding only with the judge’s authorization and subject to any conditions that the judge considers appropriate.

  • Marginal note:Restrictions on communications — other persons

    (3) If the special advocate is authorized to communicate with a person, the judge may prohibit that person from communicating with anyone else about the proceeding during the remainder of the proceeding or may impose conditions with respect to such a communication during that period.

  • 2008, c. 3, s. 4
  • 2015, c. 20, s. 59
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