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Canadian Court Limits Detention in Terror Cases (Canadian liberalism alert)
New York Times ^

Posted on 02/26/2007 12:01:13 AM PST by Princip. Conservative

OTTAWA, Feb. 23 — Canada’s 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 Canada’s 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 ...


TOPICS: Canada; Editorial; Front Page News; News/Current Events
KEYWORDS: canada; waronterror; wot
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Another classic US vs Canada conservatism/liberalism clash. While the US has plenty of problems of its own, we're sharply more conservative than our Canadian counterparts on everything from gay marriage to prostitution to this, both at the legislative and judicial level. This message this knee-jerk liberalism of Canada's high court sends is clearly that political correctedness trumps national security. And, of course, it was a unanimous decision. Had it been 5-4 or something, I would have at least said there was some level of sanity in the ruling.

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?

1 posted on 02/26/2007 12:01:16 AM PST by Princip. Conservative
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To: Princip. Conservative

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.


2 posted on 02/26/2007 1:39:31 AM PST by Rob Bishop (Revereradio.net)
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To: Rob Bishop
I thought Canada would start to wise up when they elected Stephen Harper.

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.

3 posted on 02/26/2007 2:03:35 AM PST by Northern Alliance
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To: Princip. Conservative; GMMAC
With friends like these, who needs enemies?

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!!!

4 posted on 02/26/2007 6:47:24 AM PST by kanawa (Don't go where you're looking, look where you're going.)
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To: Princip. Conservative

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!


5 posted on 02/26/2007 7:55:53 AM PST by twonie (RUDY FOR PRESIDENT '08. THERE - A COMMITMENT OUT LOUD.)
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To: Northern Alliance
"This was a Supreme Court decision. It's got nothing to do with which party is in power or even popular opinion."

... 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.

As bad as the Decision was, here's an article which puts it in a more realistic perspective:
Charter rights and security concerns:
Friday's Supreme Court security certificate ruling didn't 'quash' the system

~ Lorne Gunter, Edmonton Journal, Sunday, February 25, 2007

Note, I'd depart from Lorne Gunter's analysis by observing I doubt the morally higher court of public opinion supports extending the full benefit of even Trudeau-cheapened citizenship to refugee claimants, permanent residents and other non-citizens & overwhelmingly instead believes 'when in doubt, throw 'em out'.
6 posted on 02/26/2007 8:23:59 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: Princip. Conservative
"With friends like these, who needs enemies?"

Given it's been repeatedly explained to you that virtually all the Canadian legal & social outrages you delight in pointing out also routinely occur Stateside and as well the significant differences in our governmental systems & why, with roughly 1/10 of America's population spread out over a larger land mass, 'local' stories tend to become 'national' ones up here much more readily, one can only conclude your habitual disparaging of one of your country's friends & allies is driven by compulsive xenophobia coupled with willful ignorance.

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.
7 posted on 02/26/2007 8:46:48 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC

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.


8 posted on 02/26/2007 8:49:29 AM PST by kanawa (Don't go where you're looking, look where you're going.)
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To: fanfan; Pikamax; Former Proud Canadian; Great Dane; Alberta's Child; headsonpikes; Ryle; ...

PING!
Photobucket - Video and Image Hosting

9 posted on 02/26/2007 8:50:37 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: kanawa
"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."

Not unlike morons hereabouts who rightly take all msm 'reporting' with a grain of salt ... until it relates to 'pit bull' hysteria & the nanny state's totalitarian 'final solution' which they'd then have folks accept as the unbiased Gospel truth - LOL!
10 posted on 02/26/2007 9:03:15 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC

"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.


11 posted on 02/26/2007 9:37:05 AM PST by Princip. Conservative
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To: kanawa

"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.


12 posted on 02/26/2007 9:38:38 AM PST by Princip. Conservative
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To: Rob Bishop

"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.


13 posted on 02/26/2007 9:42:12 AM PST by Princip. Conservative
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To: GMMAC

"... 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?


14 posted on 02/26/2007 9:46:44 AM PST by Princip. Conservative
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To: Princip. Conservative
Yawn ... aside from your comment largely proving my point, see: Matthew 7:3 (New International Version), John 8:7 (ibid).
15 posted on 02/26/2007 9:59:03 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: Princip. Conservative; kanawa; fanfan
"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. "

Note my point with respect to your apparent willful ignorance regarding the huge qualitative differences in our respective forms of national government & as well a FR homepage (posted long before your arrival here) which openly concedes the self-evident superiority of the U.S. Constitution & countless subsequent posts also stating that view.

"You refer to me and others as 'morons' in one of your posts ..."

The comment clearly refers to those who stubbornly support so-called 'breed ban' laws opposed by EVERY body of 'animal experts' - save PETA! - in all of North America while attempting to to bolster their pathetic 'case' with msm 'stories'.
If you're one of these plainly illogical statist morons, I certainly wasn't aware of as much previously.

"If Canada is so good, why don't we ever hear about its goodness?"

DUH !!! ... one assumes for pretty much the same set of reasons the CBS Evening News et al don't commence their nightly broadcasts with a heartfelt rendition of 'God Bless America' ???
SHEESH !!!
Dumbest question ... ever !?!?
16 posted on 02/26/2007 10:28:56 AM PST by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: Princip. Conservative

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.


17 posted on 02/26/2007 10:34:44 AM PST by Rob Bishop (Revereradio.net)
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To: Princip. Conservative
Ah, yes, a typical chip-on-your-shoulder Canadian post.

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.

18 posted on 02/26/2007 10:42:34 AM PST by kanawa (Don't go where you're looking, look where you're going.)
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To: kanawa

"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.


19 posted on 02/26/2007 11:03:11 AM PST by Princip. Conservative
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To: GMMAC

"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.")


20 posted on 02/26/2007 11:05:47 AM PST by Princip. Conservative
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