Canadian Court Limits Detention in Terror Cases – New York Times
February 24th, 2007 by Sonny
Canadian Court Limits Detention in Terror Cases – New York Times Money quote:
“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, of Canada, in a ruling striking down a law that allowed the indefinite detention of terrorism suspects.
Those wacky Canadians, believing in fundamental rights. Don’t they know that emboldens the terrorists? It’s really the difference between their approach to this issue and the Bush administrations war on the constitution, I mean war on terror:
The decision reflected striking differences from the current legal climate in the United States. In the Military Commissions Act of 2006, Congress stripped the federal courts of authority to hear challenges, through petitions for writs of habeas corpus, to the open-ended confinement of foreign terrorism suspects at Guantánamo Bay, Cuba.
A federal appeals court in Washington upheld the constitutionality of that law this week, dismissing 13 cases brought on behalf of 63 Guantánamo detainees. Their lawyers said they would file an appeal with the Supreme Court. In two earlier decisions, the justices ruled in favor of Guantánamo detainees on statutory grounds but did not address the deeper constitutional issues that this case appears to present.