Supreme Court versus Government of Canada

Canada, like most of the Western world, faces an ongoing and dire threat both from without and from within, through the frenzied auspices of the international jihadist movement which has inspired young Muslim men to give their all for Islam, surrendering to the call to prove themselves by dispatching Western symbols and civilian populations to oblivion, while they themselves ascend to Paradise.

Sounds like a rather absurd plot, admittedly. Might make for interesting end-of-civilization creative literature so beloved of disaster-buffs.

That old adage of truth being stranger than fiction has at no time been more evident than at the present. The threat is there, seemingly remote in potential, and in the mind's eye, but time and again it raises its dark and ugly head with the apprehension of yet another little dedicated clique intent on wreaking vengeance jihad-style on targets of choice. The score thus far has been more in favour of the defenders than the offenders, after the initial successes celebrated by jihadists in the U.S., England, Spain and Indonesia.

But the threats keep coming, and intelligence agencies keep doing their thing, crossing fingers and checking information. Democratically elected governments most certainly have their work cut out for them, have they not? They discharge their obligations to those who elect them to office by the skin of their lawmaking teeth. To be brought up short by those whom they appoint to oversee the juridical aspects of the country's well being. And in the current post-liberal atmosphere of judicial friendliness to all and sundry that is proving a difficult balance.

Chief Justice Beverley McLachlin cautions government and its intelligence and protective and security agencies that it may not 'overstep' the boundaries laid down and interpreted by the Supreme Court of Canada. Government may not take as its security touchstone the events of September 11, 2001, nor any that succeeded them in attesting to the determination of fundamentalist jihadists to destroy Western civilization, and haul the world back into the age of Islamic glory.

When, therefore, government agents in security and intelligence feel confident that they have identified a potential threat to the country and seek to isolate that threat they are slapped down as overstepping their authority. Algerian-born Mohamed Harket, refusing the government's invitation for him to return to his country of birth, may now have a get-out-of-suspicion pass. His rights under the Constitution not to be considered a threat to Canada due to his past associations and suspected allegiances trump public security.

A Palestinian-born member of the Popular Resistance for the Liberation of Palestine against whom French authorities feel they have assembled adequate proof of responsibility for the bombing of a Paris synagogue causing death, destruction and the maiming of innocents, must have his rights scrupulously observed, before extradition may take place, (should it take place), and his lawyers insist his innocence must render him protected from the RCMP's violation of his Charter rights.

It is truly wonderful to feel that the Supreme Court of Canada is intent on protecting the rights of Canadians. And it is puzzling that in seeking to protect the safety and security of all Canadians, the Government of Canada is offending the Supreme Court of Canada.