Monday, October 26, 2009

Security Certificates Extinct?

While catching up on The Economist this morning I found this little article on the failure of Canadian Security Certificates law to pass muster with the courts. http://www.economist.com/world/americas/displaystory.cfm?story_id=14700736

It has been my opinion that the certificates are fundamentally flawed as a legal mechanism, and so their tenuous future is to my mind a good thing. The Anti-Terrorism Act already covers the procedures necessary, and is not an egregious exception to the general practice of our common law. What did catch my attention was the last paragraph, for several reasons.

"This is not a government that admits its mistakes, so there will be no public repudiation of the certificate programme for use in catching terrorists. It will be quietly discarded. But that may not be the last Canadians hear of it. One of the former detainees has publicly mused about suing the government now that he is free."

That summary is, sadly, quite accurate, and the lawsuit will more than likely be successful.

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