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Originally Posted by GreyWolf
No, I agree wholeheartedly that his rights were violated. I disagree completely with the cowardly, unacceptable, and poorly reasoned decision that the Supreme Court cannot order the government to live up to its duties to protect the rights of Canadian citizens, which is what the decision boils down to. They hid behind an illogical arguement that somehow that would be dictating or interfering with foreign policy.
The rationale is so weak as to be facetious, and is simply an abdication of responsibility on the part of the court.
The government and CSIS ARE indeed bound by the charter, and their violations thereof must be censured and corrected. The court chose to say the former, but not the latter.
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See, I think the issue is less to do with their cowardice or lack of logic and more to do with maintaining their role. I'm not sure the Supreme Court's jurisdiction is meant to go beyond interpreting the Constitution, the Charter of Rights and Freedoms, etc. To have them dictate the executive's actions in foreign policy, unless I'm mistaken, would be unprecedented. This ruling in itself is already unprecedented. It's a challenge to the executive to abide by their constitutional responsibility. To go against this ruling has far-reaching implications politically---domestically and internationally. (Harper is suffering already with the decision to prorogue parliament...the Liberals and the NDP have already gained in the polls.)
Going against the Constitution and the Charter of Rights and Freedoms isn't something a government does lightly, especially in the wake of a Supreme Court ruling. But what's not to say something further won't happen if the government ignores this ruling?