Immigration and Refugee Protection Act
Last verified: June 2026 · Source: justice.gc.ca
79 An appeal from the determination may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.
Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.
Each of these is its own section of the Act, numbered after section 79.
What that means
This section gives the government a shortcut. If a judge orders secret evidence disclosed, the Minister can appeal right away, with no certified question needed. The Minister must believe disclosure would harm international relations, national defence or security, or put someone in danger. Filing that appeal freezes both the order and the case. The freeze lasts until the higher court rules.
The law says
(1)Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.
Effects of appeal
(2)The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined.