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Canada's top court strikes down anti-terror law

23 Feb 2007 14:51:52 GMT
Source: Reuters

OTTAWA, Feb 23 (Reuters) - Canada's Supreme Court on Friday struck down a controversial anti-terror law which allows foreign suspects to be detained indefinitely on the basis of secret evidence.

The court ruled unanimously that Ottawa had broken Canada's Charter of Rights and Freedoms by issuing so-called security certificates to imprison people, pending deportation, without giving them a chance to see the government's case.

"Before the state can detain people for significant periods of time, it must accord them a fair judicial process," Chief Justice Beverley McLachlin wrote on behalf of all nine judges.

"The secrecy required by the (certificates) scheme denies the named person the opportunity to know the case out against him or her, and hence to challenge the government's case."

The court suspended the ruling for a year to allow Parliament time to rewrite the relevant part of the Immigration and Refugee Protection Act, under which the certificates are issued.

The court ruled on cases brought by three Arab Muslim men who were detained between 2001 and 2003 on the suspicion they were part of al Qaeda.

Ottawa says the men can leave the country at any time but must remain in detention or very close watch until then because they pose too much of a threat. The men say they could be tortured if they are sent back to their countries of birth.

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Last updated:Fri Feb 23 14:53:06 2007