Security Certificates in Law - Research Paper Example

Security Certificates in Law Security Certificates in Law While security certificates have been in use in the Canadian governmental system for a while, they have pros and cons. Since it gives the government the power to detain non-citizen individuals indefinitely without trial, it is only used when necessary. This springs the first con of the security certificates. The government can take advantage of these provisions to detain individuals wrongly. The other con is the fact that it can be used as a tool for facilitating racism.

Since it mostly affects the non-citizens, the government can wage its own war against foreigners in the name of a law. Another con is the fact that this law violates freedom rights that dictate that a person must be taken to a court of law within a short period. Lastly, the certificates deny the individual involved the access to the information submitted to the judge. In fact, even the representative of the accused does not have access to the evidence used in detaining the person. This is morally wrong as the information could be erroneous by far (What is a security certificate? n.d).

For a person to be detained, the government only needed reasonable grounds, which were not defined. When the reasonable ground is found, the certificate case is immediately converted to a deportation. However, there is one key pro, which is to protect the people of Canada from potential criminals. Deportation of suspected individuals protects the public from harm that would come through allowing suspected individuals to continue functioning freely. Very few people have ever been subjected to a certificate hearing implying that critical evidence is used to subject an individual to these hearings.

In certain instances, the person subjected to certificate hearing has an opportunity to involve witnesses to petition their release. This is also a benefit. Due to the nature of the security certificates, it is hard to imagine that they would operate without violating some crucial laws. Specifically, it violates some sections of the Charter of Rights and Freedoms. These sections include denial of a fair trial, which is a major human right, civil rights with respect to international politics, and the inability to guarantee safe deportation.

These are important laws that need to be observed. The Canadian Supreme Court allowed some Charter rights to be limited in the case of exceptional circumstances. These circumstances were not defined, and secrecy surrounds the cases that have been taken to certificate hearings. In addition, the Supreme Court had found that a framework of protecting classified information with immigration proceedings as consistent with the country’s Charter of Rights and Freedoms. The Court allowed the limitation with the argument that terrorism ought to be dealt with in any way possible.

Therefore, the safety of the Canadian citizens was the main concern that led to limiting some Charter rights. Moreover, the Court determined that detention was limiting a person’s liberties by a significant restraint indicating that limiting the Charter rights was, therefore, constitutional and ought to be followed for the sake of the nation’s security. References What is a security certificate? (n.d). Retrieved from http://www.adilinfo.org/en/what-is-a-security-certificate