Saturday, March 06, 2010

Conservative Tyranny And A Constitutional Crisis

The Conservatives in not releasing the documents pertaining to the Afghan detainee abuse scandal are acting unconstitutionally says law professor Amir Attaran. Below is a video from the CBC of an interview with Mr. Attaran concerning his view on Justice Minister Rob Nicholson seeking advice from Frank Iacobucci, a former justice of the Supreme Court of Canada.

The law professor points out various problems with the Conservative government's actions, the most pressing being its violation of the Constitution of Canada. In relation to Iacobucci, Mr. Attaran claims that Rob Nicholson knows the constitution demands releasing the documents to Parliament and argues that's why he is not seeking counsel from a real court. Frank Iacobucci in not being a sitting judge means that his decisions have no legal force, nor does his opinion even have to conform to the law.

One of the most interesting points Amir Attaran brings up comes in the latter portion of the video in which he says:

"This, mark my words carefully, has ceased being about Afghan detainees and whether they're tortured. What is at stake here, is an extremely high constitutional principle about whether we are a democracy in which Parliament is supreme or whether we are inching towards something that is slightly dangerously tyrannical."
Regarding this Conservative government, I find it most contradictory that it beleives while there is no national security threat in releasing the documents to a now ordinary citizen in Mr. Iacobucci, such a threat exists when handing the documents over to 308 elected MPs who have a current and ongoing duty to this country.

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