Comments on: BREAKING: Supreme Court *unanimously* finds Canada bound by principles of fundamental justice and international law http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/ Canada's only national weekly current affairs magazine. Wed, 26 Oct 2011 16:13:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Anon http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1755 Anon Fri, 23 May 2008 17:56:36 +0000 http://macleans.wordpress.com/?p=1211#comment-1755 PM will be talking to Sarko, Merkel, Berlusconi & Brown on Climate Change next week. What do you think of that, Kady? Did anybody in the press gallery know about it? Did Bernier? LEADERSHIP IN ACTION, people. PM will be talking to Sarko, Merkel, Berlusconi & Brown on Climate Change next week. What do you think of that, Kady? Did anybody in the press gallery know about it? Did Bernier?

LEADERSHIP IN ACTION, people.

]]> By: Kady O'Malley http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1754 Kady O'Malley Fri, 23 May 2008 16:25:44 +0000 http://macleans.wordpress.com/?p=1211#comment-1754 There is definitely a lot resting on just how broadly Mosley will choose to define "national security" - not to mention how the Canada Evidence Act defines it, come to think of it. Time for a little trip down statute-reading lane. There is definitely a lot resting on just how broadly Mosley will choose to define “national security” – not to mention how the Canada Evidence Act defines it, come to think of it. Time for a little trip down statute-reading lane.

]]> By: Dean P http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1753 Dean P Fri, 23 May 2008 16:18:30 +0000 http://macleans.wordpress.com/?p=1211#comment-1753 Why does the Supreme Court hate freedom? I've only scanned Kady's post, and alas I'm an American lawyer, but one snippet did stick out a little: "This disclosure is subject to the balancing of national security and other considerations as required by ss 38 ff. of the Canada Evidence Act." I'm not sure how this plays out up there, but down here the equivalent is a disaster. The Bush administration slaps "state secrets" or "national security" on everything they don't want getting out. And the standard of review for that is very very deferential. So what I'm saying is I don't think it's over for Kahdr yet. And while he's having an evidentiary fight in federal court, I doubt the US Gov will stay his trial while it plays out. Why does the Supreme Court hate freedom?

I’ve only scanned Kady’s post, and alas I’m an American lawyer, but one snippet did stick out a little: “This disclosure is subject to the balancing of national security and other considerations as required by ss 38 ff. of the Canada Evidence Act.”

I’m not sure how this plays out up there, but down here the equivalent is a disaster. The Bush administration slaps “state secrets” or “national security” on everything they don’t want getting out. And the standard of review for that is very very deferential.

So what I’m saying is I don’t think it’s over for Kahdr yet. And while he’s having an evidentiary fight in federal court, I doubt the US Gov will stay his trial while it plays out.

]]> By: » Supreme Court rules Canada acted illegally against Khadr. Scott’s DiaTribes: My personal opinions on social and political issues from a progressive standpoint. http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1752 » Supreme Court rules Canada acted illegally against Khadr. Scott’s DiaTribes: My personal opinions on social and political issues from a progressive standpoint. Fri, 23 May 2008 16:06:45 +0000 http://macleans.wordpress.com/?p=1211#comment-1752 [...] on the specific ruling over at Kady O’Malley’s blog at [...] [...] on the specific ruling over at Kady O’Malley’s blog at [...]

]]> By: Jesse http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1751 Jesse Fri, 23 May 2008 15:55:11 +0000 http://macleans.wordpress.com/?p=1211#comment-1751 Thanks goodness it WAS per curiam... it would have been a disaster otherwise. Looks like they've basically just left things wide open for the future; they could go either way on rulings about Canadian Forces being in breach of international law. Thanks goodness it WAS per curiam… it would have been a disaster otherwise.

Looks like they’ve basically just left things wide open for the future; they could go either way on rulings about Canadian Forces being in breach of international law.

]]> By: Sophie http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1750 Sophie Fri, 23 May 2008 15:54:34 +0000 http://macleans.wordpress.com/?p=1211#comment-1750 I honestly cannot believe that this wasn't common sense- gee, international law is *shockingly* international. It was obvious from he beginning that we were braking it, so what took us so long? I honestly cannot believe that this wasn’t common sense- gee, international law is *shockingly* international. It was obvious from he beginning that we were braking it, so what took us so long?

]]> By: Canada Bound By International Law « Down With Everybody http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1749 Canada Bound By International Law « Down With Everybody Fri, 23 May 2008 15:32:37 +0000 http://macleans.wordpress.com/?p=1211#comment-1749 [...] The rest. [...] [...] The rest. [...]

]]> By: Kady O'Malley http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1748 Kady O'Malley Fri, 23 May 2008 15:30:22 +0000 http://macleans.wordpress.com/?p=1211#comment-1748 I should probably edit the post to note that this was a unanimous decision - which, last time I checked, included some judges who were appointed by *Conservative* Prime Ministers. I should probably edit the post to note that this was a unanimous decision – which, last time I checked, included some judges who were appointed by *Conservative* Prime Ministers.

]]> By: Sophie http://www2.macleans.ca/2008/05/23/breaking-supreme-court-finds-canada-bound-by-principles-of-fundamental-justice-and-international-law/comment-page-1/#comment-1747 Sophie Fri, 23 May 2008 15:16:22 +0000 http://macleans.wordpress.com/?p=1211#comment-1747 Who wants to make a bet that the supreme court is now officially full of 'liberal hacks'? Who wants to make a bet that the supreme court is now officially full of ‘liberal hacks’?

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