Canada strikes down anti-terror law! - DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate

**masaredera** · 02-23-2007, 05:15 PM

Court strikes*indefinite holding of terror suspects - CNN.com

OTTAWA, Canada (Reuters) -- Canada's Supreme Court struck down Friday a controversial anti-terror law that allows foreign suspects to be detained indefinitely on the basis of secret evidence.

The court ruled unanimously that the government had broken Canada's Charter of Rights and Freedoms by issuing so-called security certificates to imprison people, pending deportation, without giving them a chance to see the government's case.

"Before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote on behalf of all nine judges.

Looks like we have decided to honor the right of people to defend themselves in a court of law. What a novel idea?

Andrew

**Nurse_sero** · 02-23-2007, 05:17 PM

Did Harper's head blow up yet?

I bet he wishes he could nobble the Supreme Court

**cialesxtr** · 02-23-2007, 05:19 PM

Wow, maybe the ICC can learn from Canada's lesson, too.

Matt

**masaredera** · 02-23-2007, 05:20 PM

Did Harper's head blow up yet?

I bet he wishes he could nobble the Supreme Court

Im sure conservatives will claim that its a liberal conspiracy on the supreme court.

Either way, the liberals would have fought to keep this law alive as well. All governments, once they get absolute power, fight to keep it.

Andrew

**masaredera** · 02-23-2007, 05:21 PM

Wow, maybe the ICC can learn from Canada's lesson, too.

Matt

Care to expand on that?

Andrew

**corolaelwis** · 02-23-2007, 05:22 PM

International courts Andrew.

**masaredera** · 02-23-2007, 05:24 PM

International courts Andrew.

lol... i know what the ICC is, im just not sure how Matt related it to this story is all.

Andrew

**cialesxtr** · 02-23-2007, 05:26 PM

Care to expand on that?

Andrew

Sure. The ICC permits secret evidence, and has no right of Habeas Corpus.

In other words, the ICC permits the exact conduct the Canadian courts (rightly, IMHO) struck down.

Matt

**masaredera** · 02-23-2007, 05:28 PM

Sure. The ICC permits secret evidence, and has no right of Habeas Corpus.

In other words, the ICC permits the exact conduct the Canadian courts (rightly, IMHO) struck down.

Matt

I agree with you. The ICC should honor the rights of people to know what evidence is being used against them so they can challenge it.

Andrew

**Nurse_sero** · 02-23-2007, 05:31 PM

Now I'm wondering what the Tories were trying to achieve with this legislation. It flies in the face of natural justice for a start. I'm quite sure if they work a bit harder and with a bit less presumptuousness they can craft legislation that's valid but still achieves it objective without denying anyone natural justice.

**corolaelwis** · 02-23-2007, 05:34 PM

lol... i know what the ICC is, im just not sure how Matt related it to this story is all.

Oh right, i knew what he meant in the sense they alow the same procedures but i actually thought Canada's law that was struck down was actually based on the ICC's laws.

**masaredera** · 02-23-2007, 05:35 PM

Now I'm wondering what the Tories were trying to achieve with this legislation. It flies in the face of natural justice for a start. I'm quite sure if they work a bit harder and with a bit less presumptuousness they can craft legislation that's valid but still achieves it objective without denying anyone natural justice.

To be fair i dont think this can be pinned on Harper:

I just grabbed this off Wiki:

According to the Ministry of Public Safety and Emergency Preparedness, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years."[1] Its use has been documented at least as far back as 1979 however[2], and it has been reported that its first use was in the 1960s deporting an alleged Italian mob boss. [3] It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976).

And i cant find it right now but i think it was the liberal government after 9/11 that tied this law to anti-terror measures.

Andrew

**sanddrareyk** · 02-23-2007, 05:38 PM

Good point. Okay Harper remarks withdrawn Mr Speaker

**Nurse_sero** · 02-23-2007, 05:40 PM

That is indeed good news, Andrew.

Now if we could only get Dubya to learn from this ... In the US, as you may know, non-citizens may be detained indefinitely WITHOUT right to a trail, simply because they are "suspected" of being terrorists or the such.

Yes, shown up once more.

**corolaelwis** · 02-23-2007, 05:49 PM

And i cant find it right now but i think it was the liberal government after 9/11 that tied this law to anti-terror measures.

Yeah its pretty much a case that we implemnted such laws after the attacks and you guys had to do the same. Its a bit like if someone gets a re-entry bar into the U.S. then tht person will find it difficult to get into Canada or Mexico. Real shame this law was struck down.

**Shipsyspeepay** · 02-23-2007, 06:09 PM

When Al Queda Attacks Canada 9-11 Style i hope Bush looks the other way.And Tell canada if you want our help youre gonna get rid of the liberal supreme court then you get our help.

**Turbo-ip** · 02-23-2007, 06:11 PM

No we should strengthen our protection such as the patriot act and give our law enforcement and intelligece operatives furter, greater and broader powers.

**botagozzz** · 02-23-2007, 06:17 PM

When Al Queda Attacks Canada 9-11 Style i hope Bush looks the other way.And Tell canada if you want our help youre gonna get rid of the liberal supreme court then you get our help.

Even if they do, i don't agree that reducing our commitment to human rights is the way to fight terrorism. in fact it would just be a victory for AQ if we were willing to make our nation less free.

Andrew

**Serttyfd** · 02-23-2007, 07:01 PM

No we should strengthen our protection such as the patriot act and give our law enforcement and intelligece operatives furter, greater and broader powers.

Uhh... no.

Congrats Canada!

**casinobonusa** · 02-23-2007, 08:47 PM

Court strikes*indefinite holding of terror suspects - CNN.com

OTTAWA, Canada (Reuters) -- Canada's Supreme Court struck down Friday a controversial anti-terror law that allows foreign suspects to be detained indefinitely on the basis of secret evidence.

The court ruled unanimously that the government had broken Canada's Charter of Rights and Freedoms by issuing so-called security certificates to imprison people, pending deportation, without giving them a chance to see the government's case.

"Before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote on behalf of all nine judges.

Looks like we have decided to honor the right of people to defend themselves in a court of law. What a novel idea?

Andrew

Sounds like they are on the right track... the US seems to be de-railed

02-23-2007, 05:15 PM	#1
masaredera Join Date Nov 2005 Posts 505 Senior Member	Canada strikes down anti-terror law! Court strikes*indefinite holding of terror suspects - CNN.com OTTAWA, Canada (Reuters) -- Canada's Supreme Court struck down Friday a controversial anti-terror law that allows foreign suspects to be detained indefinitely on the basis of secret evidence. The court ruled unanimously that the government had broken Canada's Charter of Rights and Freedoms by issuing so-called security certificates to imprison people, pending deportation, without giving them a chance to see the government's case. "Before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote on behalf of all nine judges. Looks like we have decided to honor the right of people to defend themselves in a court of law. What a novel idea? Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:17 PM	#2
Nurse_sero Join Date Oct 2005 Posts 562 Senior Member	Did Harper's head blow up yet? I bet he wishes he could nobble the Supreme Court Share Share this post on Digg Del.icio.us Technorati Twitter
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02-23-2007, 05:19 PM	#3
cialesxtr Join Date Oct 2005 Posts 465 Senior Member	Wow, maybe the ICC can learn from Canada's lesson, too. Matt Share Share this post on Digg Del.icio.us Technorati Twitter
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02-23-2007, 05:20 PM	#4
masaredera Join Date Nov 2005 Posts 505 Senior Member	Did Harper's head blow up yet? I bet he wishes he could nobble the Supreme Court Im sure conservatives will claim that its a liberal conspiracy on the supreme court. Either way, the liberals would have fought to keep this law alive as well. All governments, once they get absolute power, fight to keep it. Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:21 PM	#5
masaredera Join Date Nov 2005 Posts 505 Senior Member	Wow, maybe the ICC can learn from Canada's lesson, too. Matt Care to expand on that? Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:22 PM	#6
corolaelwis Join Date Oct 2005 Posts 470 Senior Member	International courts Andrew. Share Share this post on Digg Del.icio.us Technorati Twitter
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02-23-2007, 05:24 PM	#7
masaredera Join Date Nov 2005 Posts 505 Senior Member	International courts Andrew. lol... i know what the ICC is, im just not sure how Matt related it to this story is all. Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:26 PM	#8
cialesxtr Join Date Oct 2005 Posts 465 Senior Member	Care to expand on that? Andrew Sure. The ICC permits secret evidence, and has no right of Habeas Corpus. In other words, the ICC permits the exact conduct the Canadian courts (rightly, IMHO) struck down. Matt Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:28 PM	#9
masaredera Join Date Nov 2005 Posts 505 Senior Member	Sure. The ICC permits secret evidence, and has no right of Habeas Corpus. In other words, the ICC permits the exact conduct the Canadian courts (rightly, IMHO) struck down. Matt I agree with you. The ICC should honor the rights of people to know what evidence is being used against them so they can challenge it. Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:31 PM	#10
Nurse_sero Join Date Oct 2005 Posts 562 Senior Member	Now I'm wondering what the Tories were trying to achieve with this legislation. It flies in the face of natural justice for a start. I'm quite sure if they work a bit harder and with a bit less presumptuousness they can craft legislation that's valid but still achieves it objective without denying anyone natural justice. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:34 PM	#11
corolaelwis Join Date Oct 2005 Posts 470 Senior Member	lol... i know what the ICC is, im just not sure how Matt related it to this story is all. Oh right, i knew what he meant in the sense they alow the same procedures but i actually thought Canada's law that was struck down was actually based on the ICC's laws. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:35 PM	#12
masaredera Join Date Nov 2005 Posts 505 Senior Member	Now I'm wondering what the Tories were trying to achieve with this legislation. It flies in the face of natural justice for a start. I'm quite sure if they work a bit harder and with a bit less presumptuousness they can craft legislation that's valid but still achieves it objective without denying anyone natural justice. To be fair i dont think this can be pinned on Harper: I just grabbed this off Wiki: According to the Ministry of Public Safety and Emergency Preparedness, the overarching agency dealing with the law, the security certificate provision has existed in "one form or another for over 20 years."[1] Its use has been documented at least as far back as 1979 however[2], and it has been reported that its first use was in the 1960s deporting an alleged Italian mob boss. [3] It is housed within the parameters of the Immigration and Refugee Protection Act (formerly the Immigration and Refugee Act, which replaced the Immigration Act in 1976). And i cant find it right now but i think it was the liberal government after 9/11 that tied this law to anti-terror measures. Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:38 PM	#13
sanddrareyk Join Date Oct 2005 Posts 464 Senior Member	Good point. Okay Harper remarks withdrawn Mr Speaker Share Share this post on Digg Del.icio.us Technorati Twitter
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02-23-2007, 05:40 PM	#14
Nurse_sero Join Date Oct 2005 Posts 562 Senior Member	That is indeed good news, Andrew. Now if we could only get Dubya to learn from this ... In the US, as you may know, non-citizens may be detained indefinitely WITHOUT right to a trail, simply because they are "suspected" of being terrorists or the such. Yes, shown up once more. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 05:49 PM	#15
corolaelwis Join Date Oct 2005 Posts 470 Senior Member	And i cant find it right now but i think it was the liberal government after 9/11 that tied this law to anti-terror measures. Yeah its pretty much a case that we implemnted such laws after the attacks and you guys had to do the same. Its a bit like if someone gets a re-entry bar into the U.S. then tht person will find it difficult to get into Canada or Mexico. Real shame this law was struck down. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

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02-23-2007, 06:09 PM	#16
Shipsyspeepay Join Date Oct 2005 Posts 492 Senior Member	When Al Queda Attacks Canada 9-11 Style i hope Bush looks the other way.And Tell canada if you want our help youre gonna get rid of the liberal supreme court then you get our help. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 06:11 PM	#17
Turbo-ip Join Date Oct 2005 Posts 441 Senior Member	No we should strengthen our protection such as the patriot act and give our law enforcement and intelligece operatives furter, greater and broader powers. Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 06:17 PM	#18
botagozzz Join Date Oct 2005 Posts 544 Senior Member	When Al Queda Attacks Canada 9-11 Style i hope Bush looks the other way.And Tell canada if you want our help youre gonna get rid of the liberal supreme court then you get our help. Even if they do, i don't agree that reducing our commitment to human rights is the way to fight terrorism. in fact it would just be a victory for AQ if we were willing to make our nation less free. Andrew Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 07:01 PM	#19
Serttyfd Join Date Oct 2005 Posts 422 Senior Member	No we should strengthen our protection such as the patriot act and give our law enforcement and intelligece operatives furter, greater and broader powers. Uhh... no. Congrats Canada! Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote

02-23-2007, 08:47 PM	#20
casinobonusa Join Date Oct 2005 Posts 596 Senior Member	Court strikes*indefinite holding of terror suspects - CNN.com OTTAWA, Canada (Reuters) -- Canada's Supreme Court struck down Friday a controversial anti-terror law that allows foreign suspects to be detained indefinitely on the basis of secret evidence. The court ruled unanimously that the government had broken Canada's Charter of Rights and Freedoms by issuing so-called security certificates to imprison people, pending deportation, without giving them a chance to see the government's case. "Before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote on behalf of all nine judges. Looks like we have decided to honor the right of people to defend themselves in a court of law. What a novel idea? Andrew Sounds like they are on the right track... the US seems to be de-railed Share Share this post on Digg Del.icio.us Technorati Twitter
	Quote