Don't bend the system, beef up intelligence.

The USA will have to rethink the way they tackle terrorism through the courts - Reuters (more or less). The recent events around the Holy Land case, where a charity was accused of being a fundraiser for Hamas should have us thinking about how much can we really bend a justice system for the sake of national security without abandoning the principle of due process and the rule of law.

Some of the defendants have other terrorist precedents, and it's a stain on their names and reputations, and hopefully their immigration records as well. However the fight against terrorism should be conducted from a high moral standpoint. Trial is, in the ideal case, rightful, public, with evidence, discussions, cross-examinations of witnesses and a jury's verdict. When one is arrested one must know on what charges, and within the rightful cautionary detention time know what the evidence is.

To me the idea of someone being arrested on the grounds of a weakly corroborated intelligence leak and held in custody without knowing what kind of case they're knitting around him is scary to say the least.

I'm leaning towards security certificates here. Although I applaud Harper's commitment to the security of Canadians, I do believe the certificate legislation is a step in the wrong direction. The answer to a heightened security threat is better intelligence services, beefed-up investigation units, efficient co-operation with foreign and international intelligence agencies. No-fly lists are fine, they are less of a media sensation than someone held in custody.

The security certificates are not a good prospect, for they are a dent in the rule of law, especially in the way they treat the right of access to evidence. My vision for a terror trial is the following: CIA reports someone is suspicious, Canadian intelligence and police hone in on the guy and follow him everywhere, collecting data and evidence. When there's enough material for a trial the guy's busted and brought to court.

I know this sounds idealistic, but first one creates special advocates, then special judges and special juries, and then we end up with a two-tier legal system. We shouldn't be going down this road. Instead, we should be beefing up Canadian intelligence services and Canadian police, to make sure Canada remains a beacon of the rule of law and the rule of right.

Note: this post probably won't go on BloggingTories.