Tag Archives: Supreme Court of Canada

Spying on Canadians: Harper dictatorship seeks to increase arbitrary powers of warrantless access to private information with Bills C-13 and S-4

Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act passed third reading in the House of Commons on October 20 and then passed first reading in the Senate on October 21. Also known as the Protecting Canadians from Online Crime Act, and informally called the cyberbullying bill, it was first introduced on November 20, 2013 by Justice Minister Peter MacKay. Continue reading

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Harkat case: Supreme Court decision is unjust, anti-democratic and anti-Canadian

justiceforharkatTHE Supreme Court of Canada unanimously upheld revised security certificates laws Wednesday along with the use of secret evidence to deport foreign-born terrorism suspects as constitutional.

In doing so, the 8-0 decision also concluded a security certificate – a kind of special immigration warrant – issued against Algerian-born Mohamed Harkat is reasonable.

Security certificates allow the government, on the basis of secret evidence, to deport non-citizens who it deems a security threat. The person named in a security certificate receives only a summary of the case against them, stripped of supporting details to protect allegedly sensitive intelligence sources and methods. The regime also allows for detention – with no statutory limitations on the length – so long as the detention is “reasonable.” Furthermore, the disclosure of secret evidence in the security certificate proceedings does not require the judge to balance the interests of the named person for disclosure against the interests of national security for non-disclosure, as is required in the Canada Evidence Act. Continue reading

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