Friday, February 23, 2007

Justice is served

Today the Supreme Court of Canada made me proud to be a Canadian. It threw out the provisions of Canada's Anti-Terrorism law making it legal to detain a person indefinitely without trial.
The current Federal law allows sensitive intelligence information to be heard privately by a federal judge , with only sketchy summaries given to defense attorneys. ( Of course the people doing the accusing are the ones who decide what information can be given to the accused. This usually means next to nothing.) If the people choose to fight their deportation they can spend years in jail while the cases go through the courts. Even if they are freed, they risk being labeled as terrorists. (Maher Arar comes to mind) This means that the accused has no way of knowing the complete charges against him and therefore no way of being able to adequately defend himself.
The justices of the Supreme Court, in a unanimous decision (9-0), stated that certain parts of the law that pertain to the certificates are against the Charter of Rights and Freedoms and they give parliament one year to make changes to the law.
''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.
In the last couple of years our liberties have gradually been eroded in the name of security. To tell you the truth, I feel that these draconian laws are far more dangerous than any terrorist attack. The loss of liberty and freedom usually does not come in a terrible revolution but is a gradual giving away of our rights. Once started it is too easy to justify still more sacrifices until there is nothing left.
We would do well to remember that in the Germany of the 1930's, Adolf Hitler was democratically elected and by the manipulation of the public's fear was able to take complete power. Too many Canadians gave their lives to stop him and to protect the freedom that we enjoy today. Thank g*d. we are still far from that situation and hopefully with today's Supreme Court decision we will be farther still.
Maybe the men who were detained are guilty of something, if so put them on trial and give them a chance to defend themselves. If they are found guilty, then you can deport them. To not do so, not only infringes their rights but it diminishes everyones.

PS: I found a nice quote in the Montréal Gazette that fits perfectly.
"I am the inferior of any man whose rights I trample underfoot." Horace Greeley

3 comments:

Em said...

Congratulations. Now if the US courts would just follow your lead!

Dr Michelle Tempest said...

Interesting post. With a 9-0 there was no doubt. I also really enjoyed your last post about hair! Great work. Michelle

Jazz said...

Oh, Dubbya's gonna have a hissy fit over this one... Bwaahahahaha