seajane

Thoughts from a Yellow Dog Democrat living in Olympia, in the great BLUE state of Washington

I am a liberal because it is the political philosophy of freedom and equality. And I am a progressive because it is the political path to a better future. And I am a Democrat because it is the political party that believes in freedom, equality and progress. -- Digby

Sunday, February 25, 2007

I Suffer From Supreme Court Envy

The Supreme Court of Canada has struck down the security certificate system used by the federal government to detain and deport foreign-born terrorist suspects.


Sounds great, huh?

Unfortunately it not OUR Government -- it's Canada. How can our Justices look each other in the face? Here's the rest of the story:

The Supreme Court of Canada has struck down the security certificate system used by the federal government to detain and deport foreign-born terrorist suspects.

In a 9-0 judgment handed down Friday, the court found that the system, described by the government as a key tool for safeguarding national security, violates the Charter of Rights and Freedoms.

The high court gave Parliament one year to re-write the law that's keeping three men at the centre of the case in legal limbo.

...

The court said while it might not be arbitrary to detain the suspects in the first instance, it's arbitrary to continue the detention without a review for such a long time, she said.The court said the men, who are accused of having ties to al-Qaeda, have the right to see and respond to evidence against them. It pointed to a law in Britain that allows special advocates or lawyers to see sensitive intelligence material, but not share details with their clients.

In its ruling, the court said while it's important to protect Canada's national security, the government can do more to protect individual rights.

But the court suspended the judgment from taking legal effect for a year, giving Parliament time to write a new law complying with constitutional principles.

Critics have long denounced the certificates, which can lead to deportation of non-citizens on the basis of secret intelligence presented to a Federal Court judge at closed-door hearings.

Those who fight the allegations can spend years in jail while the case works its way through the legal system. In the end, they can sometimes face removal to countries with a track record of torture, say critics.

...


National health care, low military budget, non-aggressive internation policy, reasonable drug penalty laws, and habeas corpus. What a great Country! Too bad it's not ours.

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