The Supreme Court of Canada hasn’t has much of a chance to look closely at the legalities and constitutionality of post-September 11, 2001 legislation and systems to deal with terrorist threats. Canada’s top court is looking at the constitutional challenge to the “security certificate” process over the next three days
The legal background of the cases have been relatively little disclosed. Adil Charkaoui’s legal team has posted his factum, and the Harkat team have done the same. Among the intervenors, see the BC Civil Liberties Association factum. The Supreme Court of Canada has an impressive list of documents
As Jim Travers of the Toronto Star put it:
Despite appearances, this confrontation isn’t rooted in the lengthy detentions of Adil Charkoui, Mohammed Harkat and Hassan Almrei. Instead, the deeper cause is an intelligence service at odds with a system that lets rejected refugees linger in Canada for years and sometimes decades.
The legal background is well described in the British Columbia Civil Liberties Association Brief to Parliament.
Of course, Canadian courts do not stand alone
As the week progresses, we’ll cover the court’s questioning. And if you want a different take, try the alternatives to the mainstream media