Comments on: The Globe Gets It Wrong On Hutterian Brethren (But Only Partially)

By: Mary

Mary — Tue, 29 Jun 2010 09:00:27 +0000

Double standards of course.

You can’t penalize innocent people (the Hutterites) in advance for the possibly anticipated wrong doings of others.
Anyways not unless you are the State or a judge, or so it seems in this case.

By: R.

R. — Wed, 05 Aug 2009 16:05:18 +0000

This “inflammatory” and “illogical” comparison that you refer to was the very comparison made by Justice LeBel and echoed by the Globe and Mail. Moreover, you should realize that LeBel was not comparing the Charter rights at stake in Charkaoui, 2007 SCC 9 – sections 7, 9, 10(c), 12, 15 — with the Hutterite’s section 2(a) claim. To suggest this indicates a failure to appreciate LeBel J.’s concern, namely that even more serious security concerns will not wholly constitutionally immunize government legislation. He was attacking the government’s failure to justify the legislation to the extent required to override Charter rights.

And, by the way, you write “the net effect of Charkaoui was merely to add a judicial gatekeeper step to the security information disclosure process.” If by merely you are suggesting that this case has not had a significant and positive impact on persons under ‘security certificates’, I suggest you take a closer look.

By: James Yap

James Yap — Sat, 01 Aug 2009 03:03:10 +0000

I think you’ve cited the wrong Charkaoui. I’m pretty sure the Charkaoui case being referred to is 2007 SCC 9, whereas the one you’ve cited is 2008 SCC 38. I don’t blame you for that mistake though – the Globe themselves referred to it as “last year.”