It's The Law

The Supreme Court of Canada did its job today and released its decision on the future of Canada's anti-terrorist laws.  The Court chose, in its collective wisdom, to dismiss appeals brought forward by three men all of whom were arrested and charged with terrorism-related crimes.  One of the men was found guilty of designing bomb detonators and involvement in a plot of violent terrorism in Britain.  Two of the men were arrested for buying missiles to supply to Tamil Tigers in Sri Lanka.

Momin Khawaja, Piratheepan Nadarajah and Suresh Sriskandarajah had all, through their lawyers, challenged their arrests, claiming that sections of the Criminal Code's definition of terrorism are so broad as to threaten free speech, guaranteed under the Constitution.  The Court did not agree, and simply did not see the issue in the same light as to satisfy the three charged.

The law, said the Court, was as broad as was necessary.  Its impact was clearly not out of proportion to what it was meant to accomplish.  "The purpose of the law does not infringe freedom of expression.  While the activities targeted by the terrorism section of the Criminal Code are in a sense expressive activities, most of the conduct caught by the provisions concerns acts or threats of violence."

Julie Oliver, Postmedia News, 2008

Which translated, indicates that the Ottawa man who thought of al-Qaeda head Osama Bin Laden as "the most beloved person to me" can be assured that he will enjoy ample time in incarceration to devote to his love for that now-deceased world-class terrorist.  During June hearings, Momin Khawaja's lawyer argued harm done to those who hold identical religious, political or ideological beliefs as his client, fearing to express.

One might sincerely and most devoutly hope so.  Although holding those beliefs, perhaps it would be better that they did express them in public so as to be identified, even if having those beliefs and not acting on them could be held to be beyond prosecution, and merely subject to consternation.

As for Messrs. Nadarajah and Sriskandarajah, extradition to New York is now in their near future.  Where U.S. federal prosecutors plan to put them on trial on charges of attempting the purchase of $1-million-worth of surface-to-air missiles and AK-47 assault rifles, along with laundering money and shopping for communications equipment and software on behalf of the Sri Lankan Tamil Tiger rebels.

Justice will be seen to be done and it will be done.