An Ounce of Cure for a Pound of Preventive Detention: Security Certificates and the Charter
National Security Law, Human Rights Law, Charkaoi v. Canada
An Ounce of Cure for a Pound of Preventive Detention: Security Certificates,” published in Queen’s Law Journal in 2008, discusses the paradigm shift in Canadian foreign policy as it pertains to terrorism through a cogent discussion of Canada’s Immigration and Refugee Protection Act (IRPA). The IRPA authorizes the government to detained suspected terrorists amidst deportation proceedings. However, the Supreme Court of Canada rendered a decision that the Charter was provisionally violated by certain provisions of the Act, which is the central point of contention Shapiro has in this article. Indeed, he critiques the approach of the Supreme Court in the Charkaoi v. Canada decision, positing that the security certificate process violates several of the liberty and equality
Jonathan Shapiro, “An Ounce of Cure for a Pound of Preventive Detention: Security Certificates and the Charter” (2007-2008) 33 QLJ 519.