LAWS 1000 Lecture Notes - Lecture 10: Welfare Rights, Unlawful Combatant

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10 Aug 2016
Department
Course
Professor
Law
March 21
Citizenship
-combination of legal identity and community identity
-the law and common set of rights is what binds us together
Arendt
-having human rights assumes you can have rights outside a community, which is not true.
-without a community to accept you, you are rightless.
-rights are protections against the state
Khadr
-in Afghanistan. Family had ties to al Quaeda.
-during a firefight in a house where Khadr is positioned. When the American forces go in, Khadr threw a
grenade which killed a soldier.
-sent to Guantanamo bay because he is an unlawful combatant
-deemed to be dangerous but not proven to have committed a crime.
-Khadr was a Canadian citizen. Sent to military trial.
-CSIC questioned Khadr and thus violated his rights because they knew he was being held in
Guantanomo Bay
-court ruled that his rights had been violated, CDN government needed to seek for repatriation. CDN
government never did even though they violated his rights.
-government brought Kkadr to court. Court acknowledged that they could not force the government to
repatriate him, only strongly recommend.
-Khadr stayed at Guantanamo.
-pleads guilty to terrorist knowledge.
-shows that rights are only privileges, because they can be taken away at any time.
Law as ideal/law as reality
-the law can never live to its own ideals
-the expectations are too high for law
Recent debates
-before 9/11 citizenship was not about security but about belonging
-fear of outsiders and new practices
-we see immigrants as dangerous because we are ignorant to their culture and their ways.
-ex: RCMP/turban
-when should the law be changed to accommodate newcomers?
Bouchard-Taylor Commission
-conflicts like this should be compromised between individuals not just with the legal system
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