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Incarcerating the "inadmisible"

10 May 2007

Over the course of this project, the phenomenon under study, security certificate detention in Canada, underwent a series of significant changes, including the release of detainees, subject to the most severe bail conditions in Canadian history and the recent, momentous decision by the Supreme Court of Canada that the existing certificate regime violates the Charter. [...] Since the majority of the certificate process, and particularly the nature of the evidence against the named individual, is kept secret, the validity of the government’s case is never subjected to rigorous Larsen and Piché g Incarcerating the ‘Inadmissible’ / 3 contestation. [...] The certificate and the detention are both subject to review by a judge of the Federal Court, in a process that may deprive the person of some or all of the information on the basis of which the certificate was issued or the detention ordered (s. [...] The considerable length and indefinite duration of the current security certificate detentions – in some cases five or six years and counting – is the primary source of opposition to the mechanism, though the general arbitrariness of the procedure and the secrecy associated with it are also subject to heavy criticism, particularly from within the legal community where the suspension of the legal n [...] Judicial reviews of the reasonableness of these decisions, of the validity of Pre-Removal Risk Assessments, and of the security certificate mechanism itself have been ongoing intermittently for several years now, and while the courts debate the issues, the members of the ‘Secret Trial Five’ have remained subject to security certificates.
government politics rehabilitation crime criminal justice international law terrorism civil rights criminal law culture government information justice law law enforcement national security guantanamo bay court crime, law and justice judiciary ethical principles punishment (criminal) correctional facilities penitentiaries security certificate detention facility detention of persons correctional facility penitentiary detention centre adil charkaoui combatants and noncombatants (international law)

Authors

Larsen, Mike

Pages
25
Published in
Canada

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