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Mohamed Harkat (merged thread)

milnewstbay said:
" Canadian Chief Justice Beverley McLachlin seemed dubious of challenges to the legislation, asking "What does the world do with somebody who is truly dangerous wherever they go. Is freedom really an option?... [A]re not the only options permanent detention in a country like Canada or sending them back to a country that may be worse?" "

I think this is an important point.  As long as they insist on staying in Canada, they will be detained.  They have the option of freedom, but that entails their returning to the country from where they came.

They are choosing detention and remaining in Canada.

It is similar to the Illegal Refugees who have been tying up the Courts with claims that they will be tortured should they be sent back to their countries of origin.  One case in particular has a man from India, who has used this ruse to stay in Canada, while all the time building himself a multi-million dollar mansion back in India. 

If they are choosing detention, rather than freedom to leave the country, one has to question their motives.
 
Interesting - any names or details to Google the Indian detention case?

 
Yup, Harjit Singh, Judy Sgro, pizza, those are the first ones that come to mind.
 
These certificates are all reviewed by a federal judge, PRIOR TO being implemented.  ::)

As far as I am concerned, the NON-citizen has had his case reviewed, end of subject. The suspect should then be immediately deported back to the place from which he came, and we need to stop this hand wringing and shoulder patting over his probable fate. He made his bed, now he gets to try it on for fit.  :'(
 
I just cannot fathom how people see this a criminal issue.  This isn't a group trying to run bootleg booze where prosecution and inprisonment will in any way act as a deterrent either in advance of committing the crime, or after their sentence. This is an issue of a group of unaffiliated individuals (not tied to a nation state) who have declared war upon us but whose ultimate motive is to kill as many non-muslims as possible, and if they die in the process in the service of Allah, then so be it. 

The danger and lethality of our enemy necessitates we handle this with the protection of the general public taking priority over the rights of the individual because the downside of failure is not someone passing 1kg of marijuana, it's hundreds and possibly thousands of dead....which then threatens to tear the country's multicultural goodwill to shreds.

Bottom Line:  We have too much to lose to handle potential threats with kid gloves....


Matthew.  :salute:
 
Agreed, signed by two cabinet ministers and reviewed by a judge is enough.  However, we have signed a UN convention in which we undertake not to deport anyone if that potentially endangers them.  Furthermore, citizens or not,  they are protected by the charter of rights & freedoms.  On top of that is our national angst over interning Japanese, Germans, Italians, and Ukrainians during one or both of the world wars.

So what can we do now?  Can't deport 'em.  Can't shoot 'em.   Can't jail 'em.  Can't free 'em.

Maybe we should "encourage" them to settle someplace out of harm's way.  Like Ellesmere Island perhaps.  Call this new community Guantanamo Eh.
 
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1150282851880&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News

Security trumps rights, top court told
Jun. 14, 2006. 11:49 AM
CANADIAN PRESS

OTTAWA — Protecting national security is the key to maintaining a free and democratic society, say federal lawyers defending their arsenal of legal tools for evicting terrorist suspects from Canada.

Government counsel Bernard Laprade says security isn't just a nice thing to have — it's an absolute necessity if people are to enjoy all the liberties guaranteed by the Charter of Rights.

The comments came as Laprade appeared before the Supreme Court of Canada to defend the much-criticized deportation process for foreign-born terrorist suspects.

Some of the nine judges appeared reluctant to accept the claim that national security trumps everything else.

Justice Louis LeBel, for example noted that if Canadians have security but no individual liberties, they may as well be living in North Korea.

The court is reviewing the so-called security certificate system that provides for secret hearings and indefinite detention of non-citizens accused of having terrorist ties.
 
Octavianus said:
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1150282851880&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News
Justice Louis LeBel, for example noted that if Canadians have security but no individual liberties, they may as well be living in North Korea.

That's it! I'm never voting for that judge again! Oh, wait ....

That quote sounds like Benjamin Franklin meets Hedy Fry.

If one must throw around ludicrous comparisons to North Korea, how about the decisions of the elected representatives being overturned by an unelected and apparently unassailable body? INTERPRET the law, I thought it was, not DICTATE.
Always to this extreme - introduce an unpopular law and 'the whole fabric of democracy is disintegrating.' At least the Hitler comparison hasn't come up ... yet.

It is of relevance that in the Japanese Internment, no evidence was ever found of espionage or sabotage, yet an entire community was punished.
In this era, individuals are targeted for their deeds, not their ethnicity, and communities as a whole are not punished.

The courts had better not pooch this.
 
If one must throw around ludicrous comparisons to North Korea, how about the decisions of the elected representatives being overturned by an unelected and apparently unassailable body? INTERPRET the law, I thought it was, not DICTATE.
Always to this extreme - introduce an unpopular law and 'the whole fabric of democracy is disintegrating.' At least the Hitler comparison hasn't come up ... yet.

The comparison isn't ludicrous...if the basis of the ideas is the same, the end result will be the same.  The only difference in the here and now would be the degree of consistency with which those ideas are applied.

The purpose of the constitution is so that the legal system can safeguard the country against governments who would undermine the very basis of the free and democratic country in which we live....a constitution sets limits on what the government is ALLOWED to do.  Thus, the government is not allowed to legislate the religious basis of marriage, but may have no choice when it comes to recognizing it as a *government*.

The whole purpose of a free country is that I am free to espouse unpopular views and causes...in fact, I am free to be hated by everyone, but I cannot be outlawed, and the police MUST protect me as long as I live within the confines of the legal system, and the presumption must be, unless there is EVIDENCE to the contrary, that I AM living within those confines, until PROVED otherwise.  If the legal system can now throw me in jail without suitable trial or rules of evidence, where has freedom gone?  Sure, it's democracy...just like when they killed Socrates.  The majority dictated that he was unpopular enough he had to die.  Was it just?

If our elected government introduces a law which abrogrates freedom, then it has become an outlaw government which must be dealt with by the courts.  Telling a government that "your law sucks and will not be enforced" is not the same as making law--it is enforcing the will of the people by protecting them from themselves....  It is fair, *just* legal courts which make us the good guys.  Arrest these guys, sure.  Give them a speedy and fair trial, sure.  Then, when they are found guilty, throw them in jail (or an open pit) and forget about them.  But don't forget the niceties.  I like the legal niceties...it's what makes the difference between freedom and dictatorship.

Speaking of Benjy, "Those who give up a little freedom for security deserve neither freedom, nor security."

Or, another quote:  "The nation that pays as little attention to its philosophy as it does to its plumbing will soon find that it has neither philosophy nor plumbing".

In this era, individuals are targeted for their deeds, not their ethnicity, and communities as a whole are not punished.

Sure, but inasmuch as they have yet to be proved guilty in a court of law, then why are they being punished NOW?  Where is the presumption of innocence?  (Sure, I figure they're guilty too, but the law is supposed to be blind...)

The danger and lethality of our enemy necessitates we handle this with the protection of the general public taking priority over the rights of the individual because the downside of failure is not someone passing 1kg of marijuana, it's hundreds and possibly thousands of dead....which then threatens to tear the country's multicultural goodwill to shreds.

And the protection of the general public includes ME...like protecting ME from unjust laws, or secret courts or Star Chambers.  You can't start down this slippery slope and expect freedom to continue to exist.  First, there was freedom of speech.  Then, there was "hate speech".  Now it's "inappropriate" to make *ANY* comment which could conceivably offend someone....we accepted censorship of beliefs, now somehow we believe that the government has the right to "adjust" our other freedoms.

One of the downfalls of the belief system of soldiers and police is that they are usually great upholders of law and order...and will often take that road in preference to JUSTICE....unfortunately, too much law and order can lead to a great deal of injustice, if it's not intelligently applied and if you continue to make new laws as you go along...

These certificates are all reviewed by a federal judge, PRIOR TO being implemented

Forgive my ignorance here, but are the minutes of these reviews available to public scrutiny?  Is there any way the common citizen can be assured (apart from the fact that most judges were brought up under a free system, and are therefore unlikely to do the Star Chamber thing) that these certificates were fairly applied based on evidence?  Or do we simply need to take the government at its word?  Like when they promised that Income Tax was temporary, to help pay for WW1?
 
Gunnar, I respect your sentiment, and you present your arguments clearly.

But I disagree with some of your points: GAME ON!  ;D

The comparison isn't ludicrous...if the basis of the ideas is the same, the end result will be the same

North Korea is about as extreme as you can get when it comes to lack of rights. It's silly to draw the comparison with such dramatic language, especially from the Supreme Court.
Is Universal Health Care socialist? Hell yes, it's just like North Korea!
When you leap to extremes, you look ... extreme. If you are a judge, tone it down is all I'm asking.
Internet debate is another ballgame.  ;)

The purpose of the constitution is so that the legal system can safeguard the country against governments who would undermine the very basis of the free and democratic country in which we live....a constitution sets limits on what the government is ALLOWED to do.

Point well made, well taken. But I believe that Canadian politicians have developed the convenient habit of leaving difficult decisions to the courts, to keep 'their hands clean.' As a result I perceive that Canadian judges often foray into de facto law-making. I think this is a result of years of lazy legislative habits, so when something important like this comes along, it bites us in the butt.

The whole purpose of a free country is that I am free to espouse unpopular views and causes...in fact, I am free to be hated by everyone, but I cannot be outlawed

Strongly disagree here. The rights of your fist ends where the rights of my face start. You can be and most definitely are outlawed if you conspire to commit murder or publicly incite violence against others.
Big difference between advocating for an unpopular cause and plotting the violent overthrow of the lawful authority. This is the major sticking point of the argument. I see a distinction, many Canadian citizens don't share my view. I respect them, but ironically not those they are defending.


the presumption must be, unless there is EVIDENCE to the contrary, that I AM living within those confines, until PROVED otherwise.  If the legal system can now throw me in jail without suitable trial or rules of evidence, where has freedom gone?

You can be remanded to custody while awaiting trial if you are considered dangerous enough. I am neither a cop nor a lawyer, so I may be over my head here. But as I understand it, these security certificates are similar to that. They are a bit more harsh, because someone plotting terrorism is a hell of a lot more serious than a stereo thief.

Sure, it's democracy...just like when they killed Socrates.  The majority dictated that he was unpopular enough he had to die.  Was it just?
Uhhh ... no. (Although nobody likes a know it all)  ;D
But seriously, that's the standard counter-argument. We detain some clown who has more terrorist ties than Osama's dry cleaner, and now we're murdering Socrates?  :brickwall:

Give them a speedy and fair trial, sure.  Then, when they are found guilty, throw them in jail (or an open pit) and forget about them.
I like where you are going with this, but this is where reality steps in.
Instead of an open pit, they are more likely to get a plea deal down to a few years, with reduced time for time already served and good behaviour. When they finish their correspondence psychology degree, and the parole officer sees that they are harmless, they'll be back on the streets before you can say 're-offend.'
Or even better, the case will be 'too politically sensitive' and dropped altogether. (Read FLQ and Oka)

I've seen the justice system fail personally far too many times to have much faith in it stopping terrorism without a revamp.
Still, I admire your defence of rule of law and the rights of the citizen. I am onside with you on that one, with some distinctions.

You can't start down this slippery slope and expect freedom to continue to exist.  First, there was freedom of speech.  Then, there was "hate speech".  Now it's "inappropriate" to make *ANY* comment which could conceivably offend someone....

"THE CALGARY FLAMES SUCK!" Some may be offended by that self-evident truth, but I am not going to be jailed for it. If I stand on a street corner inciting people to murder (insert minority group here), that's another story. Our legal system can discern the difference.
Likewise, I don't expect to be arrested for advocating vegetarianism, but I DO expect to be arrested if I spend my summer vacation learning how to assemble car bombs in Baghdad.

One of the downfalls of the belief system of soldiers and police is that they are usually great upholders of law and order
And one of the curiosities of the mindset of much of the Canadian public is that soldiers and police are their enemies, whereas the Khadr family et al are downtrodden heroes of the people.
Oh well, good thing I didn't join up for the gratitude.

Forgive my ignorance here, but are the minutes of these reviews available to public scrutiny?  Is there any way the common citizen can be assured (apart from the fact that most judges were brought up under a free system, and are therefore unlikely to do the Star Chamber thing) that these certificates were fairly applied based on evidence?

It's a war. There are secrets. I see your concern, but this is the great democratic dilemma.
I side with CSIS and the gang on this one, but I respect your right to disagree.

 
http://www.canada.com/nationalpost/news/story.html?id=93e3b6a3-02db-4620-8348-449357c2e7f2&k=77048&p=1

Excerpt from the article:
"We are here after three years of struggle because we want justice," he [Adil Charkaoui, a landed immigrant from Morocco who is alleged to be an al-Qaeda agent] told a crush of reporters in the Supreme Court foyer. "I am asking them to give me the opportunity to be heard by a court in a fair trial without secret evidence, with a right of appeal, without secret meetings between the judge and the prosecutors. I am asking for the same rights as any human being in this country."
  (He was also on CPAC this evening and said pretty much the same thing.)

How the @#$@ can this guy think he can get away with this?  What a twit.  He's either getting punted or locked up for good.

First, he is not a Canadian citizen and we have no legal obligation to allow him to stay in this country, only a moral obligation if in fact there are strong indications that he'll be unjustly tortured or killed in his home country, which is doubtful.

What he doesn't seem to understand is that he has not earned Canadian citizenship, and as such he may not have "the same rights as any human being in this country."  Such rights are not God-given.  They are earned by being a long-standing contributing member of Canadian society.

It can take as long as 10 years of living and working in most developed countries to earn full citizenship.  In many countries during this probationary period, you can be deported at the discretion of the government with no explanation.  Case in point: Japan, a western liberal democracy no less.  Now, what rights would any of us expect to have in Morocco's court system?

He is probably an al-Qaeda agent; one trying to manipulate the very freedoms he and his fellow fanatics seek to destroy, all in order to find a way to stay in this country and recruit more disenfranchised Muslim youth to his cause.  So if CSIS wants to punt him, then I say punt him.  However, if CSIS wants to lock him up and throw away the key, then i suppose we'll have to have some sort of judiciary tribunal or something - closed door proceedings of course; therefore there would be no need to risk thousands of Canadian civilians lives by releasing any information to the public which could jeopardize ongoing surveillance of terror plots like the one that almost happened in TO a couple of weeks ago.  Personally, I'd have no probelms with secret courts; i don't want to stick my neck out for this guy or his buddies to come and chop it off Jihadi style.  No thanks.

If CSIS doesn't have the evidence to punt him or lock him up and throw away the key, punt him just to be safe.  Even if his country wants to execute him for something he did over there, who are we to tell them what they can or can not do with their convicted criminals?
 
>The whole purpose of a free country is that I am free to espouse unpopular views and causes...in fact, I am free to be hated by everyone, but I cannot be outlawed <

Strongly disagree here. The rights of your fist ends where the rights of my face start. You can be and most definitely are outlawed if you conspire to commit murder or publicly incite violence against others.

You snipped in a bad place, sorta like a botched vasectomy.  I agree with this point...just that in a free country, I expect to be left alone...and even if I am hated, I don't expect to be thrown in jail without due process of law.  If I am conspiring to commit a crime, identify it, and do the jail-throwing on a solid basis.  If I punch someone in the head, fine...it's assault.  But if I say "X deserves a punch in the head" (or a throat punch), I don't expect to be thrown in jail, without any evidence of a crime being committed.

I respect them, but ironically not those they are defending.

I'm defending rights of free citizens.  If these suckers are guilty, let 'em hang.  Of course, we live in a country with schools named after Louis Riel, a traitor who was hanged for treason, so there you go...

You can be remanded to custody while awaiting trial if you are considered dangerous enough. I am neither a cop nor a lawyer, so I may be over my head here. But as I understand it, these security certificates are similar to that. They are a bit more harsh, because someone plotting terrorism is a hell of a lot more serious than a stereo thief.

I agree...but if that is the case, I expect any evidence that was used to give them that status to be publically available.  I mean, theoretically, I could charge you with murder, and because of the heinous nature of the crime, lock you up indefinitely....without proof.

But seriously, that's the standard counter-argument. We detain some clown who has more terrorist ties than Osama's dry cleaner, and now we're murdering Socrates? 

Osama has a dry cleaner?  Really?  Does he have a frequent cleaning programme...?  Oh, sorry...got sidetracked.

Isn't there some sort of law about associating with known anti-social types and criminals that covers this...?

Give them a speedy and fair trial, sure.  Then, when they are found guilty, throw them in jail (or an open pit) and forget about them.
I like where you are going with this, but this is where reality steps in.
Instead of an open pit, they are more likely to get a plea deal down to a few years, with reduced time for time already served and good behaviour. When they finish their correspondence psychology degree, and the parole officer sees that they are harmless, they'll be back on the streets before you can say 're-offend.'
Or even better, the case will be 'too politically sensitive' and dropped altogether. (Read FLQ and Oka)

I understand that that is the way things are...but if you don't aim for the ideal, you'll never achieve it.  Too much destruction of basic principles happens when you try to constantly adjust for changing circumstances...soon, there's no difference between you and the bad guys...because you threw *different* principles out the window than the bad guys...it's like cops who murder mafia types...saying "we need to ignore this point right now because we don't have time, or the issue is too important" ignores the fact that maybe it is the system that needs *changing*, not *bypassing*.

I've seen the justice system fail personally far too many times to have much faith in it stopping terrorism without a revamp.
Still, I admire your defence of rule of law and the rights of the citizen. I am onside with you on that one, with some distinctions.

Judging by popular culture, North America appears to agree with you.  Law & Order, House, etc., etc....all recent plots involve throwing process and respect for individual rights to the wind to pursue known "scumbags".  I'm simply pointing out that as soon as you treat people like scumbags without due process, then you open the door for ANYONE to be treated like that.  And that worries the hell out of me.  Nazi Germany (there, I've said it and ended the argument) started out like this...middle class people who wanted radical change, without working within the democracy to change it (apart from their once every 4-5 years vote).  And  you've seen how violently Canadians react when a great injustice is done...they go back to reading the Toronto Star...unless you try to fire a hockey commentator...

You can't start down this slippery slope and expect freedom to continue to exist.  First, there was freedom of speech.  Then, there was "hate speech".  Now it's "inappropriate" to make *ANY* comment which could conceivably offend someone....

"THE CALGARY FLAMES SUCK!" Some may be offended by that self-evident truth, but I am not going to be jailed for it. If I stand on a street corner inciting people to murder (insert minority group here), that's another story. Our legal system can discern the difference.
Likewise, I don't expect to be arrested for advocating vegetarianism, but I DO expect to be arrested if I spend my summer vacation learning how to assemble car bombs in Baghdad.

I believe incitement to murder, or counselling to murder is somewhat different than saying "all <insert minority/majority you dislike here>" are worthy of murder, are subhuman, etc., etc.  One is specific, the other general.  You can hold whatever beliefs you want...it's when you must swing your fist to actually hit the nose of others that I want to stop it swinging.


One of the downfalls of the belief system of soldiers and police is that they are usually great upholders of law and order

Bad vasectomy time again.  But not so much upholders of JUSTICE.  The law is a system to assure JUSTICE primarily, not order (although it remains an important component).  I don't have a problem with law and order.  I have a problem when it replaces JUSTICE.  Law and order serve justice, not the other way around.

And one of the curiosities of the mindset of much of the Canadian public is that soldiers and police are their enemies, whereas the Khadr family et al are downtrodden heroes of the people.  Oh well, good thing I didn't join up for the gratitude.

And that attitude is returned in spades by at least the police...approach a cop sitting in his car on a hot day...try to chat with him...see the kind of look you get...siege mentality is self-reinforcing.  Community-based policing my ass.  Know any of the cops in your neighbourhood?

Oh, and just for the record, I wouldn't p**s on that family if they were on fire.  And you have my gratitude.  The things I hold dear can't exist at all without the thin red (green?) line.

It's a war. There are secrets. I see your concern, but this is the great democratic dilemma.
I side with CSIS and the gang on this one, but I respect your right to disagree.

Only for as long as democracy lasts.  As long as this sort of thing remains a dilemma, we don't  have a problem.  It's if it ceases to be one.

The price of freedom is eternal vigilance, and I'm watching is all.
 
What he doesn't seem to understand is that he has not earned Canadian citizenship, and as such he may not have "the same rights as any human being in this country."  Such rights are not God-given.  They are earned by being a long-standing contributing member of Canadian society.

I couldn't disagree more.  While more specifically appropriate to the American milieu, the Declaration of Independance does outline some of the basic tenets of a free society...that is that "being endowed by their creator with certain inalienable rights...".  Rights to a speedy and fair trial are inalienable, or are supposed to be under Canadian law.  It's the way WE treat people.  We're the good guys.  The state does not GRANT those rights...it is supposed to RECOGNIZE them.

Only if you accept that rights are "things the government says you are allowed to do" can you say that rights are earned.  Only problem is, rights exist whether or not the state chooses to recognize them.  That's the point of freedom...you don't need someone's approval to be FREE.

Privileges of being Canadian, such as voting, Canadian passport, etc. are a little different. 

Look, I know these guys are scumbags...but it's important in fighting them that we don't become scumbags ourselves.  Look at Toronto...all the major financial institutions have stepped up security.  If the purpose of terrorism is terror, I'd say it's working.  The more paranoid we get, the more we look beyond the concept of rights to some sort of authority-driven government model, the closer we get to what these crazies want...theocracy.  It's our freedom, our fairness, our justice that they can't stand.  If you try to subvert any one of these values to combat them, you've lost the war.

Now, I know that Canada isn't explicitly a free country, it's based on POGG power...but we like to act like a free country, so maybe we should talk the talk too, hmmm?
 
Privileges of being Canadian, such as voting, Canadian passport, etc. are a little different.

Exactly.  He's not asking for his unalienable human rights to be recognised; he's asking for the same treatment accorded to Canadian citizens: "I am asking for the same rights as any human being in this country."  And my point is that his request is laughable. 

Even moreso when we consider he is doing so appealing to the public - the very people against whom he is accused of conspiring to commit mass murder.  He is obviously a lunatic.
 
George Wallace said:
It is similar to the Illegal Refugees who have been tying up the Courts with claims that they will be tortured should they be sent back to their countries of origin.  One case in particular has a man from India, who has used this ruse to stay in Canada, while all the time building himself a multi-million dollar mansion back in India. .

So what was the harm in letting him stay - we were afraid he might spend millions of dollars in the Canadian economy instead? Come to that, why did he want to leave his palace in India?

I think Canada still bears some measure of perceived guilt about its refusal to assist in the Holocaust, turning away thousands of Jewish refugees in the 1930s and 40s, whose claims about being persecuted in Germany now, with benefit of hindsight, appear to have had some validity. Certainly we don't want a repeat of that again, either. I hope we all agree it's a fine line.
 
Michael, are you dense or something?  The man has been ordered Deported.  He has been eating up billions in Taxpayer Dollars in his legal redress of the Deportation Order.  It has been going on for years.  Surely you must see that we have a serious problem here.  Or is it you just want to see how much you can Troll before crossing too far over the line?
 
George Wallace said:
Michael, are you dense or something?  The man has been ordered Deported.  He has been eating up billions in Taxpayer Dollars in his legal redress of the Deportation Order.  It has been going on for years.  Surely you must see that we have a serious problem here.  Or is it you just want to see how much you can Troll before crossing too far over the line?

Well, George, not being a mind reader, I only know as much about this Indian gentelman as you've chosen to share in this thread. If you want to call "asking for clarification" trolling, it wouldn't be the first time.  I realize he (whomever you are referring to) has been "ordered deported" but you never said why. Is he a mass murderer, or did he simply not fill out his height and weight properly on some piece of paper?

And if he has millions of dollars to build a palace in India, why does he want to stay here? Your story makes no sense.
 
Michael Dorosh said:
Well, George, not being a mind reader, I only know as much about this Indian gentelman as you've chosen to share in this thread. If you want to call "asking for clarification" trolling, it wouldn't be the first time.  I realize he (whomever you are referring to) has been "ordered deported" but you never said why. Is he a mass murderer, or did he simply not fill out his height and weight properly on some piece of paper?

And if he has millions of dollars to build a palace in India, why does he want to stay here? Your story makes no sense.
well, reading George's post,
One case in particular has a man from India, who has used this ruse to stay in Canada, while all the time building himself a multi-million dollar mansion back in India.
I get that the Indian scam artist is staying in Canada, using the system to his own ends, and spending the money in India that he gets from our ridiculous socialist free-money-for-everybody-except-those-who-earn-it policies.

Stop provoking.
 
When a law is constitutionally challenged before the Supreme court, it undergoes a balancing test at the end of which, if the violation of Charter rights outweighs the goal of the law, it is quashed.

This test was established in the Oakes case in 1986. The balancing is required by section 1 of the Canadian Charter of Rights :

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Here is how Chief Justice Dickson describes the balancing test :

To establish that a limit is reasonable and demonstrably justified in a free and democratic society, two central criteria must be satisfied. First, the objective, which the measures responsible for a limit on a Charter right or freedom are designed to serve, must be "of sufficient importance to warrant overriding a constitutionally protected right or freedom": R. v. Big M Drug Mart Ltd[...]. The standard must be high in order to ensure that objectives which are trivial or discordant with the principles integral to a free and democratic society do not gain s. 1 protection. It is necessary, at a minimum, that an objective relate to concerns which are pressing and substantial in a free and democratic society before it can be characterized as sufficiently important.

70.              Second, once a sufficiently significant objective is recognized, then the party invoking s. 1 must show that the means chosen are reasonable and demonstrably justified. This involves "a form of proportionality test": R. v. Big M Drug Mart Ltd., supra, at p. 352. Although the nature of the proportionality test will vary depending on the circumstances, in each case courts will be required to balance the interests of society with those of individuals and groups. There are, in my view, three important components of a proportionality test. First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair "as little as possible" the right or freedom in question: R. v. Big M Drug Mart Ltd., supra, at p. 352. Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of "sufficient importance".

71.              With respect to the third component, it is clear that the general effect of any measure impugned under s. 1 will be the infringement of a right or freedom guaranteed by the Charter; this is the reason why resort to s. 1 is necessary. The inquiry into effects must, however, go further. A wide range of rights and freedoms are guaranteed by the Charter, and an almost infinite number of factual situations may arise in respect of these. Some limits on rights and freedoms protected by the Charter will be more serious than others in terms of the nature of the right or freedom violated, the extent of the violation, and the degree to which the measures which impose the limit trench upon the integral principles of a free and democratic society. Even if an objective is of sufficient importance, and the first two elements of the proportionality test are satisfied, it is still possible that, because of the severity of the deleterious effects of a measure on individuals or groups, the measure will not be justified by the purposes it is intended to serve. The more severe the deleterious effects of a measure, the more important the objective must be if the measure is to be reasonable and demonstrably justified in a free and democratic society.

Although this is not a criminal case, the Charter is very clear :

9. Everyone has the right not to be arbitrarily detained or imprisoned.

10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Moreover,

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived therof except in accordance with the principles of fundamental justice.

I'm pretty sure that not having access to the evidence upon which ones detention is based is in clear violation of section 7, at the least.

Of course, only Canadians citizens are entitled to the right to stay in Canada.

If strong evidence exists, strong enough to justify several years in detention, it should be shown to the defendant's counsel and not only the Crown attorney and a Judge. If it were to compromise national security than an independent defense group should be set up to ensure that defendants can legally challenge their deportation without having access to the information.

But, I'm pretty sure security certificates will be saved and declared constitutional because of the capital importance of the objective they are aimed at. It'll be more of a policy decision than a legal one, for good or for worse, IMHO.

But I guess we'll only know in several months so sit back and enjoy your time on Earth!

Cheer up lads!

PS : I'd bet a handsome amount of money that not all of those with their name on a security certificate are terrorists. But how will we ever know?
 
why doesn't the gov't invoke the "notwhthstanding" clause?

It's against the constitution but................needed

I'm convinced. Anyone else?
 
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