OTTAWA: One of Canada's most contentious anti-terrorism measures was struck down by the Supreme Court, which declared it unconstitutional to detain foreign terror suspects indefinitely while the courts review their deportation orders.
The 9-0 ruling Friday dealt a blow to the government's anti-terrorism regulations. Five Arab Muslim men have been held for years under the "security certificate" program, which the Justice Department had insisted is a key tool in the fight against global terrorism and essential to Canada's security.
The court found that the system violates the Charter of Rights and Freedom, Canada's bill of rights. It suspended the judgment from taking effect for a year, to give Parliament time to rewrite the part of the Immigration and Refugee Protection Act that covers the certificates.
The security certificates were challenged on constitutional grounds by three men from Morocco, Syria and Algeria — all alleged by the Canadian Security Intelligence Service to have ties to al-Qaida and other terrorist networks.
The law now allows sensitive intelligence to be heard behind closed doors by a federal judge, with only sketchy summaries given to defense attorneys.
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http://www.iht.com/articles/ap/2007/02/24/america/NA-GEN-Canada-Anti-Terror-Law.php