Editors: Professor Errol P. Mendes and Debra McAllister
With contributions from Professor Irwin Cotler, Stanley A. Cohen, Ziyaad E. Mia and Professor Don Stuart
This special issue of the National Journal of Constitutional Law focuses on one of the most challenging issues facing Canadians in the aftermath of September 11, 2001: in the face of terrorism past, present and future, how can Canadian society balance the need for enhanced security with the fundamental values on which our society is built, namely liberty, human rights, equality and multiculturalism? The text presents dramatically different views on whether the Canadian government respected the need to balance security with the fundamental values of Canadian society following the terrorist attacks in the United States. In particular, the five authors focus on the main legislative response in Canada to those attacks, namely the Anti-Terrorism Act, passed by Parliament in December 2001. The text is the first of its kind that attempts a balanced examination of the Canadian government's response to the terrorism threat. The five articles comprising this unique text are as follows:
- Terrorism, Security and Rights: The Dilemma of Democracies, by Professor Irwin Cotler
- Between Crime and War: Terrorism, Democracy and the Constitution, by Professor Errol P. Mendes
- Safeguards in and Justifications for Canada’s New Anti-terrorism Act, by Stanley A. Cohen
- Terrorizing the Rule of Law: Implications of the Anti-terrorism Act, by Ziyaad E. Mia
- The Anti-terrorism Bill C-36: An Unnecessary Law and Order Quick Fix that Permanently Stains the Canadian Criminal Justice System, by Professor Don Stuart.