Canada has been up to some shady legal practices of late. The Canadian Security Intelligence Service (CSIS) has been violating what few rights terrorism suspects still have under the current justice system.
Canada instituted a national security certificate regime which, similar to the anti-terrorism legislation in other jurisdictions, allows the government to detain suspects for indefinite amounts of time without charge. As well, or at least for a while, these individuals were not able to see the full evidence against them.
Based on the result of the Omar Khadr case (2008 SCC 28), this secret evidence requirement may finally have been struck down. But that is a post for another day.
What is of note, is that evidence has been uncovered that CSIS has been monitoring communications between these detainees and their lawyers. This is an incredible breach of legal ethics and violates all known rules of solicitor-client privilege. Before people begin to say that these people shouldn't have rights because they are terrorists, it should be pointed out that the presumption of innocence still applies.
CSIS has admitted to monitoring these calls on behalf of the Canadian Border Services Agency. Absolutely ludicrous that this was done. Despite claims that the calls were only monitored as far as necessary to ensure it wouldn't breach national security, it is abusrd to include lawyers acting for their defence as, essentially, suspects.
Lawyers are meant to be officers of the court. I understand that, as individual citizens, they are as suspect as anyone and may act inappropriately. But it is a fundamental tenent of our justice system that they be trusted to discharge their duty. Besides the point, if there is some reason to suspect the lawyer there is also a process to go through to gain proper legal authority to tap their phones. The court must be involved in the process. Thankfully, the court managed to see it this way as well. Justice Layden-Stevenson issued an order that CSIS stop this monitoring and to delete their old records of taped calls.
[Source: Toronto Star]
