Due process! WTF is this, a /democracy/?!!
"Mr Charkaoui, who is not a Canadian citizen, was incarcerated for 21 months under a provision of Canadian immigration law that has become one of the most controversial elements in the government fight against terrorism here
( Read more... )
Actually, the National Security Certificate is part of the Immigration Act and can be theoretically applied to anyone who is not a Canadian citizen. It was also used in the recent Zundel case.
I'm not defending the legislation, but to be fair you should realize the thinking behind it: the judge in the case must be convinced that the evidence presented by the government (and withheld from the defence) qualifies as information important to national security (i.e. releasing that information to the defence or press would compromise national security). For example in the Zundel case, releasing the evidence against him might have compromised the safety of Canadian agents/officers trying to keep tabs on militia groups and white supremacist groups in Canada & their informants.
Protecting individual rights and protecting society is a hard thing balance in these situations. Of course, whether the opinion of one judge is enough to justify designating it an issue of national security, however, is debateable.
(Not sure which side I'd come out for in the Charkaoui case, need more information. Oh wait, can't have it, the judge said so. Hm.).
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"Hard cases make bad law" ... when the judge and prosecuters alone have access to the information provided by the authorities, only one is unbiased: the prosecutor's position is not ambiguous. So the judge alone sits as representing the community ... and without any transparency. (I don't see how the decision can even be reviewed, since the evidence is likely to remain sealed.)
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