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PHI3395 (27)

March 24 Lecture.docx

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University of Ottawa
Hilliard Aronovitch

TERRORISM • SURESH V MINISTER OF IMMIGRATION, [2002] • BACKGROUND • Capital Punishment banned by Parliament in 1976; attempted reinstatement voted down by Parliament in 1987; o Charter s. 12 prohibits ‘cruel and unusual punishment,’ though bearing on capital punishment is questionable.  No clear meaning vis-a-vis capital punishment • United States v Burns o Extradition case to country with capital punishment o 2 young men, one was Burns. They had killed an American family (in especially brutal fashion. Beaten w/ bball bats). o Burns and other were Canadian, committed crime in USA, captured by RCMP in Canada. o USA made standard move to seek extradition.  Extradition -> where s person has committed a crime in another jurisdiction, that jurisdiction can seek to have the criminal turned over to face trial in the jurisdiction where crime occurred, by virtue of treaty b/w two jurisdictions o Issue—if these two people were extradited, would likely face execution  Dilemma—Canada has decided against capital punishment, that it is not an acceptable form of punishment. Should it turn people over to countries where such a fate is likely? • Not Canada executing CapPun, but they are still, in a way, culpable.  Option—Will extradite on condition of not allowing CapPun o Burns and other argued against extradition according to S. 7, to not be treated by gov in way that jeopardizes life, etc. o Court—Must not turn Burns, other over unless guarantee that won’t faced CapPun, other such legal arbitrariness. • Suresh case heard May 2001; decision Jan 2002 o Sept. 11, 2001 intervenes: o Anti-terrorism Act in Canada, December 2001.  Neither event had direct bearing on court, but coloured their decision • • FACTS AND ISSUES IN SURESH • • Suresh was admitted to Canada as refugee from abroad. Canada eventually found he was a member of terrorist org in Sri Lanka (Tamil Tigers), fundraised for them in Canada • Government sought deportation. • For deportation to be carried out, there is a process o Questioning, examination, interviews with boards in ministry, consequences of deportation. • Issue – claimed that if he was deported, he would be tortured, contrary to his protection under Charter.
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