Terrorism and the Administration of Justice in CanadaBook - 2008
The title of this book is not a reference to the planned relocation by the Obama administration of certain Guantanamo detainees to prisons in the United States, but is rather a reference to the indefinite detention without charge of five Muslim immigrants by the Canadian government, although author Diab (Capilano College, Canada) goes beyond the specifics of that case in order to explore the way Canadian administration of justice has been impacted by terrorism fears in such a way as to make the situation of the "secret trial five" possible. Diab first criticizes 2001's Anti-Terrorism Act as a law that violates Canadian constitutional rights. He then examines the response of Canadian courts to the problems of what to do with a suspected terrorist who faces the risk of torture if deported, whether to accept as constitutional the role of judges as interrogators in the aid of the state, and whether Canada's security certificate regime (which allows for detention of immigrants without charge) is consistent with the rule of law. Finally he examines the nexus of law enforcement and intelligence, arguing that these institutions have become more powerful under the Anti-Terrorism Act but that the instruments of accountability are not sufficient to ensure the rule of law. Distributed in the US by Independent Publishers Group. Annotation ©2010 Book News, Inc., Portland, OR (booknews.com)
Independent Publishing Group
One of the few book-length discussions of Canada’s Anti-Terrorism Act, this examination of the legislation passed in Canada shortly after September 11, 2001, documents the governmental debates leading up to the bill’s passage and reveals how the court system has interpreted the law and the way the police force has put it into practice. Spotlighting the neglect on behalf of Canada’s parliamentarians, this essential record provides evidence that lawmakers voted in favor of the act without having read it and details the unforeseen implications that have led to the incarceration of innocent people. Outlining the new scope of state secrecy and investigating the complicity of Parliament, the courts, and law enforcement, this informative report convincingly argues that the antiterrorism measures are unnecessary and have moved the administration of justice further away from human rights and freedom.