by Colin Perkel
Source: The Gobe and Mail
URL: [link]
Date: November 4, 2008


TORONTO — It's simply too soon to decide whether parts of Canada's new national security legislation might be unconstitutional, a Federal Court judge ruled yesterday.

Chief Justice Allan Lutfy said that he did not have a factual basis to decide whether the revamped law tramples the rights of foreigners detained as suspected terrorists under national security certificates.

"This constitutional motion is supported with little, if any, adjudicative facts or evidence," the court held. "The motion is substantially based on legislative facts or ... constitutes a 'facial constitutional challenge' of the impugned provisions in the new legislation."

At issue are gag orders that apply to security-cleared lawyers known as special advocates, appointed to test the government's secret intelligence used against detainees.

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