Federal lawyer fears security case backlogposted on December 09, 2004 | in Category Security Certificates | PermaLink
A federal lawyer warned yesterday that national security cases will get bogged down by Charter challenges if Federal Court judges decide they have the power to address constitutional questions. Donald MacIntosh said Parliament devised an expeditious process to remove foreign nationals who threaten national security. The security certificate process set out in the Immigration and Refugee Protection Act allows the government to detain and deport terrorist suspects based, in part, on evidence that remains secret. Allowing accused terrorists to use the Charter of Rights and Freedoms to challenge decisions made by Federal Court judges -- they assess the reasonableness of security certificates -- would lead to long, complex cases, Mr. MacIntosh said. "Charter arguments tend to be complex and protracted affairs," he said, "and it would defeat Parliament's intent that such matters be dealt with in an expeditious fashion."
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