Abdelrazik v. Canada is a most interesting decision of the Federal Court of Canada, issued on 4 June 2009: http://cas-ncr-nter03.cas-satj.gc.ca/rss/T72708%20Decision.pdf. It concerns a Canadian citizen of Sudanese origin who has been living in the Canadian embassy in Khartoum for some time. He cannot leave the embassy because of a fear of torture in Sudan, and he cannot return to Canada because the Canadian government refuses to issue him a passport. The Canadian government says it cannot facilitate his travel because Abdelrazik’s name is on a ‘no-fly list’ of the so-called 1267 Committee, established by the United Nations Security Council. Judge Zinn writes: ‘I add my name to those who view the 1267 Committee regime as a denial of basic legal remedies and as untenable under the principles of international human rights.’ (at para. 51). The judge concludes that the Canadian government has badly interpreted Security Council Resolution 1267, and that this does not prevent Abdelrazik from returning to Canada. He orders that a travel document be issued. The Canadian constitution guarantees to all citizens the right to return to Canada. This is a great example of judicial review of the draconian regime set up by the Security Council in the name of counter-terrorism.
Thanks to Christopher Ryan.