“Briefly, I am not persuaded that the process followed by the decision maker breached the requirements of procedural fairness, either at common law or stemming from Section 7 of the Charter,” Norris wrote in his judgment. “On the other hand, I have concluded that the delegate’s determination that the applicant should not be allowed to remain in Canada on the basis of the nature and severity of acts committed is unreasonable because a key finding by the delegate — that the applicant was complicit in acts of terrorism committed by Chechen extremists — is not reasonably supported by the delegate’s analysis of the record, including Justice (Simon) Noël’s findings supporting the reasonableness of the security certificate.”
