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Lecture 10

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School
Carleton University
Department
Law
Course
LAWS 3306
Professor
Christopher Mc Naught
Semester
Fall

Description
Lecture 10 Stuff - Mandatory minimums stiffer drug sentences = worrisome • These tougher sentences will crowd the system. They won’t be able to ‘triage’cases - Group of CIAoperatives and Italian intelligence whisked a man off to Egypt where he was tortured, and apparently, he was never a proper suspect. He is now living in Egypt and is suing the CIAagents - As the PATRIOTACT was flowing through, a senator spoke up and wanted to ensure that these extraordinary powers that were going to be put into various enforcement authorities would be properly checked • Attorney generalAshcroft (in the U.S.) said talk won’t stop terrorism  Negotiations WILL help stop terrorism Torture - Following the Maher Arar fiasco in Canada, Justice Denis O’Connor said that federal lawyers were seeking guidance from him for a moral debate on whether or not “using information obtained through torture to save lives can be justified?” • Why are we, in the 21 century, still considering torture? - The prohibition against torture is absolute. There are no circumstances for which torture can ever be justified. End of debate. Especially in a country like Canada which signed an international treaty that condemned the practice [of torture] - Statistics • Half of allAmericans felt that the torture of suspected terrorists was justified • BBC survey of 20,000 people in 25 countries last October found that more than 1 out of 3 would support torture Quebec and the FLQ - The liberation du Quebec movement in 1970s was clearly an act of terrorism. They took hostages, and bombed many places. Bank holdups, murders by gunfire, violent deaths by FLQ bombs, etc… - FLQ kidnapped Pierre Laporte, the Deputy Premier and Minister of Labor of Quebec • He was kidnapped and assassinated - At one point, the military allowed the imprisonment, without counsel, of people in Quebec for ~90 days. These people were taken from their homes in the middle of the night. - Criminal laws not organized to deal with systematic terrorism. Police given power necessary for the detection and elimination of conspiratorial organizations • Includes search without warrant, ability to imprison people without laying specific charges immediately, and to detain people without bail - Laporte and Cross bodies discovered. Both hostages of FLQ. • Laporte’s wrists were wrapped in bloody towels, his clothes were all bloodstained, and his face was swollen and bloody • The communiqué said “faced with the arrogance of the Federal government and their lackey Bourassa, the FLQ decided
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