Supreme Court won't hear challenge of secrecy provisions

posted on April 07, 2008 | in Category Canada | PermaLink

Source: The Canadian Press
URL: N/A
Date: April 3 2008


OTTAWA -- The Supreme Court of Canada has turned down an effort by accused terrorist Momin Khawaja to challenge federal secrecy law.

In a ruling released without comment, the court refused to hear Khawaja's claim that the legislation violates his right to fundamental justice and a fair trial.

At issue is a portion of the Canada Evidence Act, under which the government can refuse to disclose sensitive intelligence to an accused person on national security grounds.

The law provides for review of the disputed material by a judge, but only at a close-door hearing the defendant can't attend.

Khawaja was the first person charged under the federal Anti-Terrorist Act passed in the wake of the 9-11 attacks. He has spent four years in jail but has yet to face trial because of preliminary wrangling over various points of law.

The Crown says he was part of an al-Qaida-inspired cell that plotted bombings in Britain in 2004. Six other men were convicted last year in London, but the charges against Khawaja were laid in Canada rather than the U.K.