As remedy, the Court declared the "judicial confirmation of certificates and review of detention" to be of no force and effect, striking down articles 33 and 77 to 85 of the Immigration and Refugee Protection Act, but suspended the ruling for one year.

Public summaries of the evidence issued by the Federal Court alleged a connection with "the bin Laden network".

Charkaoui appealed his detention three times before being released on the fourth try in February 2005, having spent almost two years in Rivière-des-Prairies prison in Montreal.

The Court cited a clearance system in the United Kingdom that would designate certain lawyers to view the evidence on behalf of the accused.

The court also found that s. 84(2) of the IRPA was unconstitutional because it denied a prompt hearing to foreign nationals by imposing a 120-day embargo on any application for release.

[5] On 31 July 2009, the Crown admitted to Justice Tremblay-Lamer that there was insufficient evidence to uphold the security certificate against Mr. Charkaoui.

In response Tremblay-Lamer J. issued a directive on August 5, 2009 saying she would consider whether she should quash the certificate or order the Ministers to revoke it themselves on her return from holidays, in early September.