A Trial to End all Terrorism
I recently presented this paper, A Trial to End All Terrorism: How the United States Could Have Won the War on Terrorism Before it Even Began, with the Trial of Only One Man at the 3rd Annual Law Student Conference held at Windsor Law.
Secret evidence
Lifting the cover on Canada’s spy files
Michelle Shephard writes for the Toronto Star:
But beyond answering questions that have lingered for years about Khadr’s case, John’s testimony was a remarkable example of how the Canadian Security Intelligence Service is being forced into public.
“There really has been a paradigm shift in what is being disclosed and what’s not,” noted Toronto lawyer Lorne Waldman, who represented Maher Arar during a multi-million dollar federal inquiry.
Try again?
Third security certificate is double jeopardy, court told
Mahmoud Jaballah was first detained under a security certificate in 1999. He was released after the courts found the certificate to be unreasonable. Jaballah was re-arrested in 2001 under a new certificate. He was released in 2008 after the Supreme Court struck down the security certificate law. After Parliament passed a new law, the government signed a third certificate against Jaballah.
Brendan Kennedy writes for the Toronto Start:
[Jaballah's lawyer] argued in court that proceedings against Jaballah should be stayed, because there was no new evidence to justify the second and third certificates.
“The essence of the allegations against Mr. Jaballah, and the nature of the proceedings remain unchanged from 1999 to today,” he said in court.
Who pays when government wrongs
Abdelrazik sues Ottawa for $27-million
For every breach of right, there should be a remedy. When government officials taint themselves with torture, it is taxpayers who pay the remedy. But maybe not just taxpayers…
Paul Koring writes:
Abousfian Abdelrazik is suing the government – and Foreign Minister Lawrence Cannon personally – for $27-million over Canada’s role in his arrest and alleged torture in Sudan and for violating his constitutional right to come home.
Ottawa abandons case against Charkaoui
Divisive terror law losing traction
Can we trust secret evidence, often borrowed from foreign countries, to throw people out of Canada?
Colin Freeze explains the security certificates:
… federal ministers sign off on a certificate after viewing secret CSIS information, which allows officials to immediately jail, and eventually deport, a non-citizen.
The “intelligence” used to do this is disclosed to judges but never fully revealed to the accused, drawn as it usually is from secret agents and wiretaps, sometimes placed within Canada but also frequently “loaned” from foreign governments on condition that the provenance be kept secret.
Charkaoui: the name every Canadian law student knows
Charkaoui, however, is the legal star of the five. He’s won two Supreme Court challenges and, as he gradually demolished Ottawa’s case against him, managed to make the government look like an idiot.
Black Liquor Sparks New Trade Feud and Old Controversies

Is Canada listening to calls to assert our national interests?
On Thursday, Canada joined the EU, Brazil and Chile in demanding the withdrawal of tax credits in the U.S. for black liquor.
The credits are estimated at $4-8 billion, passed in 2007, and intended for energy alternatives in paper mills and cogeneration facilities. Paper manufacturers have started mixing F-T diesel with a kraft process byproduct known as black liquor to meet the definition of the tax credit, which Canada claims is hurting Canadian jobs.
Although President Obama wants to terminate the rebate on Oct. 1, Canada and the other countries are threatening action through the World Trade Organization (WTO).
In light of a global recession caused by what some consider fiscal mismanagement and overzealous deregulation in the U.S., Canada’s controversial and convoluted trade relationship with the U.S. warrants greater scrutiny.

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