stefan segal
02-25-2007, 01:51 AM
http://www.heraldnet.com/stories/07/02/24/100wir_a4terror001.cfm
Canada's high court says terrorism suspects can't be held indefinitely and without trial.
Associated Press
OTTAWA - Canada's Supreme Court struck down the government's right to detain foreign terrorism suspects indefinitely and without trial, ruling Friday that the system violates the country's bill of rights.
The Justice Department had insisted that the "security certificate" program is a key tool in the fight against global terrorism and essential to national security.
But in a 9-0 judgment, the high court found the system violates the Charter of Rights and Freedom. It suspended the judgment from taking effect for a year, to give Parliament time to rewrite the law that deals with the certificates.
The certificates were challenged on constitutional grounds by three men from Morocco, Syria and Algeria - all alleged by the Canadian Security Intelligence Service to have ties to al-Qaida and other terrorist groups.
"The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote in the ruling.
Opponents of the system say it violates the human rights of those who have no access to the evidence against them and who would face torture or death if deported to their native countries.
Federal law currently allows sensitive intelligence information to be heard privately by a federal judge, with only sketchy summaries given to defense attorneys.
If those foreigners choose to fight deportation, they can spend years jailed while the cases go through the courts. Even if they are freed, they risk being labeled as terrorists.
Canada's high court says terrorism suspects can't be held indefinitely and without trial.
Associated Press
OTTAWA - Canada's Supreme Court struck down the government's right to detain foreign terrorism suspects indefinitely and without trial, ruling Friday that the system violates the country's bill of rights.
The Justice Department had insisted that the "security certificate" program is a key tool in the fight against global terrorism and essential to national security.
But in a 9-0 judgment, the high court found the system violates the Charter of Rights and Freedom. It suspended the judgment from taking effect for a year, to give Parliament time to rewrite the law that deals with the certificates.
The certificates were challenged on constitutional grounds by three men from Morocco, Syria and Algeria - all alleged by the Canadian Security Intelligence Service to have ties to al-Qaida and other terrorist groups.
"The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote in the ruling.
Opponents of the system say it violates the human rights of those who have no access to the evidence against them and who would face torture or death if deported to their native countries.
Federal law currently allows sensitive intelligence information to be heard privately by a federal judge, with only sketchy summaries given to defense attorneys.
If those foreigners choose to fight deportation, they can spend years jailed while the cases go through the courts. Even if they are freed, they risk being labeled as terrorists.