[Download] "Constitutional Canaries and the Elusive Quest to Legitimize Security Detentions in Canada." by Case Western Reserve Journal of International Law # eBook PDF Kindle ePub Free

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eBook details

• Title: Constitutional Canaries and the Elusive Quest to Legitimize Security Detentions in Canada.
• Author : Case Western Reserve Journal of International Law
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 334 KB

Description

Canada, like many other countries, has struggled with questions of how to prevent terrorist attacks without undermining human rights. One tool that gained prominence in recent years involves preventive detention under "security certificates." This measure, undertaken through immigration legislation, applies to non-citizens found inadmissible for one of a number of reasons, including a suspicion that they endanger national security. Such detentions have ignited considerable controversy within Canada. In February 2007, the Supreme Court of Canada found the existing scheme unconstitutional While the Court did not find the scheme to be discriminatory, in spite of its application only to non-citizens, it did find that the potential use of secret evidence contravened procedural fairness. Canada subsequently passed legislation, creating a special advocate system. This article argues that continued problems exist with these detentions, including questions of discrimination and concerns about the fairness of the new special advocate system. I. INTRODUCTION

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