Terrorism Law Struck Down By Supreme Court Of Canada
0 Comments Published by The R Rated Blogger on Friday, February 23, 2007 at 6:27 PM.
The Supreme Court Of Canada has ruled that it is unconstitutional for the Government of Canada to use the secretive “security certificate” system to deport non-citizens suspected of terrorism ties.
The high court found the current security certificate system violates the Charter of Rights and Freedom (Canada's bill of rights), Charter’s section 7 - the guarantee that the state will respect principles of fundamental justice whenever it acts to restrict an individual’s liberty or security of the person.
That means, the court said, the law must provide a fair hearing before an impartial judge, and respect the right of an individual to know the case against him, and the opportunity to answer allegations.
The current system allows “closed door” evidentiary hearings, and bars the individual suspected of being a risk to national security from hearing the evidence against him. That leaves judges in the awkward position of challenging the secret evidence, and providing a deportee with only a “summary” of the allegations against him.
In translation, prior to the Courts ruling any charges brought against suspected terrorists were heard only behind closed doors by a judge. The defendant could not be present at these hearings and the defense lawyers were only given rather sketchy summaries relating to the case.
If convicted then the men may spend years in jail fighting the deportation orders, they are also labeled terrorists and eventually be sent back to their home countries.
The Supreme Court of Canda has called this type of prosecution fundamental violation of their human rights.
You can read the Supreme Court's ruling here
The high court found the current security certificate system violates the Charter of Rights and Freedom (Canada's bill of rights), Charter’s section 7 - the guarantee that the state will respect principles of fundamental justice whenever it acts to restrict an individual’s liberty or security of the person.
That means, the court said, the law must provide a fair hearing before an impartial judge, and respect the right of an individual to know the case against him, and the opportunity to answer allegations.
The current system allows “closed door” evidentiary hearings, and bars the individual suspected of being a risk to national security from hearing the evidence against him. That leaves judges in the awkward position of challenging the secret evidence, and providing a deportee with only a “summary” of the allegations against him.
In translation, prior to the Courts ruling any charges brought against suspected terrorists were heard only behind closed doors by a judge. The defendant could not be present at these hearings and the defense lawyers were only given rather sketchy summaries relating to the case.
If convicted then the men may spend years in jail fighting the deportation orders, they are also labeled terrorists and eventually be sent back to their home countries.
The Supreme Court of Canda has called this type of prosecution fundamental violation of their human rights.
You can read the Supreme Court's ruling here
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