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CanWest News Service – February 23, 2007
Canadian Supreme Court annuls anti-terror measure
Andrew Mayeda
OTTAWA - Secret trials of non-citizens under Canadian immigration law violate the fundamental right of individuals to a fair trial, the country's highest court ruled Friday.
But to ensure its ruling does not throw the government's counterterrorism efforts into disarray, the Supreme Court has given parliament one year to rewrite the controversial law that enables security certificates.
The ruling is a landmark victory for three men detained on such certificates: Adil Charkaoui, Mohamed Harkat and Hassan Almrei. They had argued that the security certificate process violates the Charter of Rights and Freedoms in several ways.
However, that victory may ring hollow today, as the certificates under which they are being held will not be immediately struck down. They will have to wait one year before they can apply to have their certificates quashed.
The Supreme Court found that the security certificate process violates certain provisions of the Charter, but not all of the provisions raised by the three men.
In particular, the court took issue with the secrecy of the process, which is designed to deal with permanent residents and foreign nationals who pose a threat to national security…..
http://www.canada.com/montrealgazette/news/story.html?id=b26cd090-c9d9-4a97-a773-e870614864b4&k=22056
CAIR CAN – February 23, 2207
CAIR-CAN applauds supreme court decision on
security certificates Judgment Shows Extreme
Anti-Terror Measures Inconsistent with Charter of Rights
OTTAWA, CANADA - February 23, 2007 - The Canadian Council on American-Islamic Relations (CAIR-CAN) applauds the Supreme Court judgment striking down the Security Certificates process made today. The top court ruled that Security Certificates are unconstitutional as they are inconsistent with a number of Charter rights, including fundamental justice, the right not to be arbitrarily detained and the right to a fair defense. The government now has one year to enact legislation that is consistent with the Charter of Rights and Freedoms.
Security Certificates have been subject to heavy criticism for allowing indefinite detention, the use of secret evidence in trials, and possible deportation to torture. A wide range of groups, nationally and internationally, have criticized the certificate including the Canadian Bar Association, Amnesty International and the United Nations Human Rights Committee.
Today is an extraordinary day in Canadian history. The Supreme Court has unequivocally and unanimously reaffirmed the rights of all people to fairness and justice in Canada.
The Supreme Court has sent a clear message that Parliament must act with clarity, deliberation and respect for the Charter, while drafting new legislation in a timely manner. The government cannot morally continue with the Security Certificates procedure as it has been deemed unconstitutional.
Our country's safety and security are paramount; however, legislation like the Anti-Terrorism Act and tools such as Security Certificates cannot be enacted or used in contravention of fundamental human rights," said Karl Nickner, Executive Director of CAIR-CAN.
CAIR-CAN was an intervener in the Security Certificates challenge at the Supreme Court.
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