Supreme Court rejects terrorism law challenge
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Supreme Court rejects terrorism law challenge


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April 4th, 2008, 10:36 AM

OTTAWA -- The Supreme Court of Canada has refused Momin Khawaja's second bid to the high court to have his terrorism charges quashed.

The court Thursday gave no reasons for the rejection, which is standard practice when it dismisses leaves to appeal. But legal experts say the court is very reluctant to entertain such leaves in cases before a criminal court.

Khawaja, 28, was seeking to overturn a December Federal Court of Appeal decision that upheld a Federal Court ruling that found his right to a fair trial was not jeopardized by a secretive court process to vet sensitive government and national security information about the case.

He was arrested by the RCMP four years ago and is alleged to have been part of an al-Qaeda-inspired terrorist cell that plotted to bomb London in 2004. Six British men accused of conspiring in the thwarted plot were convicted in a British court last spring and are serving lengthy prison sentences.

Khawaja denies the charges.

His criminal trial is tentatively set to begin in an Ottawa courtroom in May 20, provided other other pre-trial issues are resolved by then.

The trial was originally to begin in January, 2007. Last April, the Supreme Court dismissed another application by Khawaja for leave to appeal an Ontario criminal court judge's refusal to quash the seven charges he faces.

National Post
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April 4th, 2008, 10:46 AM

If Al Qeada or the Taliban or any other terrorist group ever wanted proof-positive that the "democracy" and "rule of law" that supposedly underwrites the political philosophies of nations those these lunatics regard as their enemies they need look no further than secret trials and tribunals that fly in the face of transparency and openness.

When the Administration of the United States gives a pass to people who "outed" a CIA operative one has to ask the question.."How critical to covert security efforts is the identity and evidence involved in case X or Y....that this "security risk" outweighs the rule and practice of law?

We know that the United States uses torture and this informs us that we are just a culpable in re-shaping "justice" and "law" to suit our convenience or purposes as are the terrorists and criminals who we say are evil and deserving of death.

How many more structures of western law, morality and philosophy will fall before the axe of "necessity" and will there ever be a means of recovering?

Anyone who believes for a moment that the terrorists of 9/11 didn't win is laboring under a willing self-delusion.
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