Canadian Lawyer

September 2011

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War, which permits Canada to deport non-Canadians who pose a threat to national security, have committed viola- tions of human or international rights, or are involved in serious or organized crime. The Chrétien government began using it as a counter-terrorism tool in the early 2000s, issuing orders against five Muslim men who were suspected of hav- ing ties to the al-Qaida terror network. On the approval of two cabinet ministers, based on information from the Canadian Security Intelligence Service, the govern- ment can hold a suspect in "administrative detention" without charges and without knowing all of the cases against them. It is then up to the Federal Court to decide whether the certificate is justified, a pro- cess that has proven to take years. Opponents say the sheer amount of time suspects have spent in detention — in most cases several years — is evidence N. Murray Edwards Chair in Jurisdiction and Business Law The "N. Murray Edwards Chair in Jurisdiction and Business Law" was created in 2009 through the generosity of N. Murray Edwards, a Calgary businessman, a prominent philanthropist in the city, and one of the key individuals involved in the building of Canadian Natural Resources Limited, one of Canada's largest resource companies. The Faculty seeks applications from scholars with an international reputation in either constitutional law and policy (with a particular emphasis on provincial-federal relations) or corporate law (including securities law), and with some experience in the natural resources sector. The Chair holder will provide intellectual leadership and mentoring in the Faculty of Law and within the broader community and will be a leading researcher facilitating research collaboration within and beyond the Faculty. The Chair holder will teach in areas related to the mandate of the Chair in the JD and graduate law programs, conduct an independent program of research, supervise graduate students, and provide appropriate committee and administrative service to the Faculty and the University. Depending upon his or her area of expertise, the Chair will have the opportunity to take a leadership role in the Faculty's Centre for Resources, Energy and Environmental Law. The Chair will be appointed to the Faculty of Law as either an Associate or Full Professor for an initial term of 5 years and will be eligible for renewal. The Faculty of Law offers a JD degree, a Post-Baccalaureate Certificate, an LLM degree (by thesis or course work) and has a small PhD program. The Faculty has a student body of 300 JD students and 45 graduate students and a complement of 19 full time equivalent faculty members. The Faculty's recently adopted strategic plan focuses on resources, energy and environmental law (also the focus of the graduate program) and professional skills development as two areas in which the Faculty seeks to build excellence and enhance our international reputation. For further information about the Faculty see www.law.ucalgary.ca The Faculty of Law is one of the supporting Faculties of the Institute for Sustainable Energy, Environment and Economy (ISEEE, www.iseee.ca) and the School of Public Policy (http://policyschool.ucalgary.ca) and the Chair will have an opportunity to collaborate with researchers in these centres. Interested individuals should provide a letter of interest and a complete curriculum vitae by September 30, 2011 to: Dr. Ian Holloway, QC Chair, Selection Committee N. Murray Edwards Chair in Jurisdiction and Business Law Faculty of Law, University of Calgary 2500 University Drive NW, Calgary, Alberta T2N 1N4 Phone: (403) 220-5447, Email: lawdean@ucalgary.ca The Faculty anticipates filling the position by January 1, 2012 or as soon as possible thereafter. The Selection Committee will commence its deliberations as of September 30 but will continue to receive applications until the position is filled. All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority. The University of Calgary respects, appreciates, and encourages diversity. that the certificates were never meant to be used for long and complicated coun- ter-terrorism cases. Another problem, they say, is that the Supreme Court ruled in 2002's Suresh v. Canada (Minister of Citizenship and Immigration) that Canada cannot, except in extreme circumstances, deport people to countries where they risk torture — which could be a factor in the current cases. There is a persistent belief that foreign terror suspects should be given the benefit of Canadian criminal courts if the government believes it has enough evidence against them. "I happen to think that the obvious alternative is to rely on the regular judicial system and the rules of due process," says Byers. No certificate has been issued against a terror suspect since 2003, but the process remains under intense court scrutiny as cases wind their way through the system. The certificates have encountered far more legal challenges than the Anti-terrorism Act, producing dozens of rulings from the Federal Court and a major decision from the Supreme Court of Canada, Charkaoui v. Canada (Citizenship and Immigration), which struck down the regime as uncon- stitutional and forced an overhaul to give suspects more information about the case against them. The 2007 ruling, in the case of Montrealer Adil Charkaoui, called for security-cleared "special advocates" to be permitted to attend closed-door court hearings in which a judge assesses the validity of federal evidence without the presence of the suspects or their lawyers. Waldman, a human rights and immi- gration lawyer who successfully defended Syrian-born Hassan Almrei until the secu- rity certificate against him was quashed in late 2010, says the presence of spe- cial advocates at hearings has resulted in judges ordering more disclosure of intelli- gence information. The outcome has been revelations of shoddy CSIS practices and government admissions that it poses too much of a threat to state secrets to con- tinue the pursuit. The Federal Court has thrown out two certificates — one against Almrei, who came to Canada as a refugee claimant in 1999 and was arrested in 2001 on allegations that he was part of a Sunni extremist network. His case exposed a lying CSIS informant and in the end a judge concluded there was no evidence 28 SEPTEMBER 2011 www. CANADIAN Lawyermag.com ntitled-2 1 7/11/11 9:53:31 AM

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