A Tale of Two Brothers: The Impact of the Khadr Cases on Canadian Anti-Terrorism Law

C. Forcese & F. Crepeau, eds., Terrorism, Law & Democracy: 10 years after 9/11 (Montreal: Canadian Institute for the Administration of Justice, 2012)

47 Pages Posted: 24 Jul 2012 Last revised: 11 Dec 2012

See all articles by Robert J. Currie

Robert J. Currie

Dalhousie University - Schulich School of Law

Date Written: March 27, 2012

Abstract

After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and of Suresh Sriskandarajah and Piratheepan Nadarajah, both of whom are facing extradition to the U.S. for allegedly providing support to the Liberation Tigers of the Tamil Eelam (“LTTE”). In all three of these cases, which will be heard together, the constitutionality of the definitional aspects of the Criminal Code’s terrorism offenses will be dealt with by the top court. There is no doubt that anti-terrorism prosecutions are well on the national radar.

Keywords: terrorism, 9/11, Toronto 18, Khadr, extradition, Criminal law, international law

Suggested Citation

Currie, Robert J., A Tale of Two Brothers: The Impact of the Khadr Cases on Canadian Anti-Terrorism Law (March 27, 2012). C. Forcese & F. Crepeau, eds., Terrorism, Law & Democracy: 10 years after 9/11 (Montreal: Canadian Institute for the Administration of Justice, 2012), Available at SSRN: https://ssrn.com/abstract=2116369 or http://dx.doi.org/10.2139/ssrn.2116369

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
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