Posts Tagged ‘Supreme Court

Wiretaps, Bill C-30, and the Supreme Court

- April 13th, 2012

The first decision written by Canada’s newest Supreme Court judges was just released today. Justices  Michael J. Moldaver and Andromache Karakatsanis were named to the top court in Oct. 2011.

The unanimous  decision strips police of the power to authorize an emergency wiretap without a warrant, and gives Parliament a year to rewrite the legislation.  Interestingly, some of the concerns raised by the judges have already been addressed in the highly controversial Bill C-30. That’s the notorious legislation that spawned the @vikileaks and #tellviceverything Twitter campaigns. It was sent directly to committee after first reading over concerns it breached the privacy rights of Canadians – and after a very public outcry.

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Tories appealing Khadr decision

- July 12th, 2010

David Akin’s got the story out of Guantanamo Bay today, but here’s the big Khadr news in Ottawa.

The Tories are appealing a ruling that could have forced them to try to bring Omar Khadr back to Canada, Justice Minister Rob Nicholson said Monday.

A federal court judge last week gave the government seven days to fix what the Supreme Court said was a breach of Khadr’s Charter rights. The Supreme Court ruled in January the feds have to fix that breach, but they left it open to the government to find a solution.

But the federal court wasn’t happy with the government’s answer – asking U.S. military prosecutors not to use evidence from Canadian-led interviews with Khadr – and gave them a week to respond.

Justice Russel Zinn also said he couldn’t see any solution other than to bring Khadr back to Canada.

Nicholson says he’s appealing that ruling to the Federal Court of Appeal.

He says the court is butting into foreign affairs policy.

“As the Supreme Court of Canada ruled in an earlier case involving Mr. Khadr, ‘it would not be appropriate for the Court to give direction as to the diplomatic steps necessary to address the breaches of Mr. Khadr’s Charter rights’,” Nicholson said in a news release.

“Omar Khadr faces very serious charges, including murder, attempted murder, conspiracy, material support for terrorism, and spying.”

Khadr, now 23, is charged with killing a U.S. medic in Afghanistan when he was 15 years old.

The Supreme Court ruled Canada breached his Charter rights when officials interviewed him without a lawyer and after American military officials at Guantanamo Bay wouldn’t let him sleep for several days.

Khadr is the only western citizen who hasn’t been returned to his home country.