Guelph Mercury

There’s a need to review judicial appointment process

Troy Riddell and Samuel Mosonyi.

Justice Richard Wagner, the newest judge on the Supreme Court of Canada, caused a stir in December when he suggested that the process used by the federal government to appoint judges below the Supreme Court level — primarily to superior trial courts and courts of appeal in the provinces — be reformed.

Potential appointees, according to Wagner, should appear publicly before a parliamentary committee as he did before his recent appointment to the Supreme Court. Wagner, however, indicated that for practical reasons hearings for now could be limited to appeal courts only.

There was a mixed reaction to Wagner’s comments. One law professor, for example, argued that this would Americanize the system and lead to the appointment of judges who were too deferential to government. Meanwhile, the Globe and Mail editorial board endorsed the suggestion, arguing that since judges have more power to influence policy, they deserve greater public scrutiny. The Charter of Rights and Freedoms inarguably gives judges a more significant role in the area of policy-making relative to the legislatures.

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Guelph Mercury

A logical decision in anti-terrorism case

Convicted terrorist Momin Khawaja disagrees fundamentally with Canada’s anti-terrorism laws, believing they are an unfair infringement on his rights under the Charter of Rights and Freedoms to express himself freely.

The Supreme Court, in a unanimous, commonsensical decision, struck down this argument Dec. 17 and increased his sentence of 10½ years to a life sentence.

Khawaja was the first Canadian charged under the new anti-terrorism laws enacted after Sept. 11, 2001 for assisting a group of London Islamists who planned to build and detonate bombs made of fertilizer in shopping malls, nightclubs and other targets.

Khawaja sent a number of emails to those involved with the plot, provided funding to them, designed a detonator for the explosives which he planned to smuggle into the United Kingdom, and offered to provide training to the group. The emails he sent documented his ideological commitment to jihad. He also travelled to Pakistan to attend a terrorist arms training camp.

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Guelph Mercury

Supreme Court ruling on wiretapping could have gone further

The Supreme Court of Canada recently released a landmark ruling in Regina-versus-Tse that strikes down the constitutionality of a section of the Criminal Code that allows police to intercept private communications in exceptional circumstances.

The court — ruling on a 2006 British Columbia drug-related kidnapping case — was unanimous in its decision, and the reasons were authored by Prime Minister Stephen Harper’s two recent appointees. This case is interesting, since one of these appointees, Justice Michael Moldaver, sided with the Crown more often than his peers while sitting on the Ontario Court of Appeal.

The contested part of the Criminal Code allows police to intercept private communications without prior authorization by a judge if the officer believes on reasonable grounds that the interception is required immediately to “prevent an unlawful act that would cause serious harm.”

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