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

Should Canada be at ease with its judicial activism?

The Canadian Constitution, the supreme law of the land, allows judges to invalidate laws that are unconstitutional.

Constitutionality rulings can be thorny, as they often involve significant value judgements that pit constitutional rights against the objectives of legislatures. For example, earlier this summer a British Columbia judge gave permission for a terminally ill woman to commit suicide with the assistance of a physician. The case is currently on appeal to the B.C. Court of Appeal.

Assisted suicide is a criminal offence and physicians are deterred from providing it by current law. Justice Lynn Smith, in her ruling on the constitutionality of the prohibition on physician-assisted suicide, noted Canadians travel to Switzerland for assisted suicide at high cost and possible risk of criminal prosecution for relatives.

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