On 31 July 2009, the Crown admitted to Justice Tremblay-Lamer that there was insufficient evidence to uphold the security certificate against Mr. Charkaoui. This followed the Crown withdrawing much of its evidence in the face of Court orders for greater transparency. 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.
