Posted on 02/26/2007 12:01:13 AM PST by Princip. Conservative
OTTAWA, Feb. 23 Canadas highest court on Friday unanimously struck down a law that allows the Canadian government to detain foreign-born terrorism suspects indefinitely using secret evidence and without charges while their deportations are being reviewed.
The detention measure, the security certificate system, has been described by government lawyers as an important tool for combating international terrorism and maintaining Canadas domestic security. Six men are now under threat of deportation without an open hearing under the certificates.
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.
The three men who brought the case are likely to remain jailed or under strict parole because the court suspended its decision for a year to allow Parliament to introduce a law consistent with the ruling.
The decision reflected striking differences from the current legal climate in the United States. In the Military Commissions Act of 2006, Congress stripped the federal courts of authority to hear challenges, through petitions for writs of habeas corpus, to the open-ended confinement of foreign terrorism suspects at Guantánamo Bay, Cuba.
A federal appeals court in Washington upheld the constitutionality of that law this week, dismissing 13 cases brought on behalf of 63 Guantánamo detainees. Their lawyers said they would file an appeal with the Supreme Court. In two earlier decisions, the justices ruled in favor of Guantánamo detainees on statutory grounds but did not address the deeper constitutional issues that this case appears to present.
(Excerpt) Read more at nytimes.com ...
Also on this front, Canada is busy falling all over itself apologizing for imprisoning someone, while America is keeping the person on their most watched list.
With friends like these, who needs enemies?
2/3 branches ain't bad...
I thought Canada would start to wise up when they elected Stephen Harper. I know, I know, he's got neocon connections but he's an improvement over an admitted liberal.
This was a Supreme Court decision. It's got nothing to do with which party is in power or even popular opinion.
The three men who brought the case are likely to remain jailed or under strict parole because the court suspended its decision for a year to allow Parliament to introduce a law consistent with the ruling.
This leaves the door open for the government to re-write the legislation.
Yeah they're just as bad as the frikkin Taliban, Osama, Iran, Russia, China and Venezula all rolled into one.
Why doesn't the US just invade and deport all these islamofascist commie-loving Kanuckistanis to Cuba, I hear they like it there!
Oh, and the Queerbeckers can all take a hike back to France, with the rest of the cheese eating surrender monkeys!
I just thank God the US is blessed by being led by a party with true conservative values.
Go Rudy in '08!!!
You are so right. Keep a watchful eye northward at all times. A lot of attractive real estate here, but way large a varmint population, and it is getting larger each day - and bolder. Should you need to invade to do varmint control, there will be a friendly flag and homemade buttered biscuits waiting in Ottawa on Riverside. Don't be long, now!
Gunter's article is a much more informative and unbiased report than the one on which this thread is based.
It's rather amusing that in this day and age (and on this forum) some still look to the New York Times as their source of information.
PING!
"I'd strongly suggest you concern yourself with the likes of your own Judicial activists undermining the WOT & a Federal Judge in Massachusetts last week imposing homosexual indoctrination on its school children while resting assured Canadian conservatives are currently addressing similar seditious & morally bankrupt matters up here."
You need to get ahold of yourself. If you can't see that Canada is much farther down the moral abyss than the United States, then you're simply not being realistic or are wilfully ignorant of the truth. I'm amazed that you can't see the point that I'm making.
Are all Canadians bad? Absolutely not. But the nation of Canada has become an unreliable ally to the United States and YOU KNOW IT.
As for your discussion about a federal judge making a stupid ruling - yes. But I'll also remind you that, in 2006, the highest courts of the states of New York, Washington State, Georgia and Tennessee, along with the Ninth Circuit Court of Appeals, the Eight Circuit Court of Appeals, a California Appeals Court and even the US Supreme Court all handed to down anti-gay marriage rulings or decisions. It was a whopper of rulings that shocked conservatives and liberals alike.
Does social liberalism and judicial activism exist in the United States? Absolutely. But the difference is - we're doing something about it. I truly hope that conservative Canadians do get somewhere in what they're doing, but why don't we ever hear anything about it?
I will not retreat from my comments that Canada is a seriously messed up country because that would be dishonest of me. I wish you guys well and I wish Harper well, but Canadian conservatives have their work cut out for them.
"Yeah they're just as bad as the frikkin Taliban, Osama, Iran, Russia, China and Venezula all rolled into one.
Why doesn't the US just invade and deport all these islamofascist commie-loving Kanuckistanis to Cuba, I hear they like it there!
Oh, and the Queerbeckers can all take a hike back to France, with the rest of the cheese eating surrender monkeys!
I just thank God the US is blessed by being led by a party with true conservative values.
Go Rudy in '08!!!"
Ah, yes, a typical chip-on-your-shoulder Canadian post. You can do better than that.
"I thought Canada would start to wise up when they elected Stephen Harper. I know, I know, he's got neocon connections but he's an improvement over an admitted liberal."
Canada's problem is rooted deeply in the 13 years of Liberal rule that they experienced from 1993-2006. Their ideology control the judiciary and, to the best of my knowledge, the Canadian Senate, which seriously undermines Harper's minority government in the House of Commons. I like Prime Minister Harper and I think he means well, but he doesn't have a conservative majority (as the recent gay marriage vote proved). I absolutely agree that he's a better guy than Martin or Chretien, but Canada has fallen a very long way down and it's going to be a real toughie to haul them out of the moral swamp. I just pray that Prime Minister Harper is able to effect some good. My best wishes are with him.
"... a decision rendered by a coterie of unelected, unaccountable, never publicly vetted prior to their appointments Liberal legalist hacks.
Stateside, picture Clinton-appointed Ruth Bader Ginsburg times nine & then some."
But that's one of your main problems. Why are there nearly nine Ginsburgs on your Supreme Court - why has it gotten that bad? Because the people elected a Liberal government that appointed them.
You refer to me and others as 'morons' in one of your posts. That label is better applied to the majority of your government. If Canada is so good, why don't we ever hear about its goodness?
Indeed. I don't like his hands in the North American Union plans, be it the officially named SPP or what lies ahead. But I think that's being pushed by people above his head, and Chretien certainly would've went along.
Ah yes, this criticism of my post from a fellow who posts,
"With friends like these, who needs enemies?" ROTFLOL
You can do better than that.
You're probably right! Let's try this...
The population of Canada is 14 million less than the number of people that voted for John Kerry.
"The population of Canada is 14 million less than the number of people that voted for John Kerry."
Whoa boy. Now, you CAN do much better than that.
"Yawn ... aside from your comment largely proving my point, see: Matthew 7:3 (New International Version), John 8:7 (ibid)."
Oops. But isn't the Bible contraband in Canada? Well, not yet, but getting close, imo. Your could have picked a much better Scripture, too, like Proverbs 14:34 ("Righteousness exalteth a nation, but sin is a reproach to any people.")
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