THE NOTWITHSTANDING CLAUSE
THAT SAID - AND «only if necessary» - it could be argued that High Treason does in fact rise to the threshold of justification to invoke the Notwithstanding Clause.
THAT SAID ...
#BrianCOX
cbc.ca/news/opinion/c…
The use of the conspiracy provisions of the Criminal Code reduces the likelihood of such a consideration.
There is an estimation by Canadians that justice is being sidestepped and there has been an 'escape (exemption) from punishment.' The thought of impunity for those who
committed/participated in genocide, crimes against humanity or war crimes will not sit well with the values and sensibilities of the Canadian public.
Open trials can serve as means by which to lay bare ISIS’ narrative and to help counter violent extremism. In addition to
deterrence, Canada by adjudicating such cases using 'Conspiracy to Commit High Treason' will be in a position to set an (effectual) example for the rest of the world.
Former Canadian ISIS fighters under detention - like Jack "Jihadi Jack'" Letts (stripped of his UK
citizenship) - have a constitutional right of return.
IF, as some argue, that right is being violated, THEN Canada can receive them, take them into custody and prosecute them for 'Conspiracy to Commit High Treason'. Naturally, the same applies for those fighters and
supporter already returned to Canada.
BAZELEVSKY asks (1:17): "Do we propose to them that this what we expecting you when you come to Canada,so they don't have this [illusion]? Okay well this going to be easy because now it's uncomfortable there?"
Those who argue that our confidence can be placed in a wide-ranging suite of 'robust measures': including,'close monitoring (surveillance)', ongoing interventions,
@StewGlobal
LINK (Pamir Hakimzadah): globalnews.ca/news/6175760/t…
@JessMarinDavis
LINK:
peace bonds, 'legally authorized threat reduction measures', No-Fly lists, etc. not only seriously overestimate the capabilities of the system to implement much less effectively maintain such programs, but fail to address that 'indefinitely' doesn't mean 'without end.'
THAT SAID, there is a greater consideration that is being conveniently skirted by simply trying 'to keep tabs' on 'former' [italics] jihadists - THAT IS our moral and legal duty as a sovereign nation and responsible member of the larger global community to seek justice.
The caliphate may have crumbled, but Yazidi refugees in Canada live with profound and unrelenting trauma. In November 2017, of 807 refugees who were victims of ISIS arrived in Canada, 81 per cent were Yazidi.
Does a Yazidi refugee who escaped ISIS captors years ...
before deserve to live in fear of encountering-on-the-street a militant excused from justice and reprieved from punishment. I argue, that the Yazidis - as do all Canadians - deserve to be safe in Canada.
Before closing, essentially there exists two approaches: the 'deradicalisation, disengagement, reintegration & rehabilitation model' (DDRR) and the 'prosecution model.'
Aspects of DDRR processes may be appropriate for those deemed to have been 'innocent' family members
caught up in horrible circumstances.
Terrorism risk reduction programs are not a substitute for seeking justice and upholding the basic human rights of vulnerable populations. Canada should attempt to prosecute its nationals in its own courts, and the latter, would be
applied to the fighters and those who supported ISIS. I have confined my comments here to the fighters/supporters.
CLOSING REMARKS
Papers have been written about this predicament from different perspectives. None, to my knowledge, have considered the use of the offence of 'Conspiracy to Commit High Treason.'
By way of disclaimer and perhaps stating the obvious, a Twitter Thread is not a treatise. This Tweet is intended only to introduce and I hope, to stimulate discussion of one possible policy solution.
'Conspiracy to Commit High Treason' does not rely on establishing
the commission of a listed terrorist offence (or, for that matter, any other substantive criminal offence).
Conspiracies by their very nature, are easier to establish and more likely to be able to withstand the rigors of scrutiny of the Canadian courts.
I want to leave you with a couple of questions you can ask yourselves:
☞ Where is the political will for prosecution?
☞ If the rule of law truly applies equally to all Canadians, should not those who have participated in the most heinous acts imaginable be treated
any differently than any other person who committed such egregious offences?
☞ Why would these cases be dealt with differently?
These are important questions.
@CAGlobalAffairs stated:
"There is much at stake and the world is watching. If Canada truly stands for multiculturalism, pluralism, the rule of law, global justice, human rights and the liberal international order, then we must remain firm and take a principled stand ... "
... to prosecute those have fought with ISIS. That includes our own citizens."
As a margin note, this information was first shared with @Elliotatthewhig @WhigStandard during #Elxn43 in a local interview. #YGK
@CBCNews @CBCPolitics @PnPCBC @Murray_Brewster @SpencerFernando @TrueNorthCentre #cdnpoli
THAT SAID, Volume A proved to be 'less cooperative' and only partially uploaded : Parts A1-8/24 - missing are Parts A9-A24/24.