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National Journal of Constitutional Law 14.1 Special Issue: Between Crime and War: "Terrorism, Democracy and the Constitution"
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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.
About the Author
Errol P. Mendes is a Professor of Law in the Common Law Faculty at the University of Ottawa. He was the Director of the Human Rights Research and Education Centre at the University of Ottawa from 1993 until June 2001. As Director of the Centre, he was the Project leader for human rights, conflict resolution, governance and justice projects in China, Thailand, Indonesia, Brazil, El Salvador, Sri Lanka and India. Professor Mendes is a frequent speaker and media commentator on international business ethics, and constitutional and human rights topics across Canada, and has lectured on these topics in the United States, Europe, Asia and Latin America.
Debra McAllister is Senior Counsel with the federal Department of Justice in Toronto, where she specializes in constitutional law. She was called to the Bar of Ontario in 1982, and has acted on behalf of the Attorney General of Canada on many complex and significant constitutional challenges. She holds an LL.M. in Constitutional Law, and has written and spoken extensively on Charter of Rights and litigation issues.
Professor Cotler is one of Canada’s leading human rights jurists and a Member of Parliament sitting on the House of Commons Justice and Human Rights Committee. He played a critical role in the evolution and final form of Bill C-36.
Ziyaad Mia is a Toronto lawyer and member of the Muslim Lawyer’s Association. He prepared written submissions and appeared on behalf of the Coalition of Muslim Organizations before the House of Commons and Senate Committees studying the Anti-terrorism Act.

Don Stuart is Emeritus Professor of Law at Queen’s University. He is Editor-in-Chief of the Criminal Reports (Thomson Reuters) and of the National Judicial Institute, Criminal Law Essentials eletter (sent to over 1200 judges). He is author of Canadian Criminal Law: A Treatise, 7th ed. (2014) and Charter Justice in Canadian Criminal Law, 7th ed. (2018) and co-author of Learning Canadian Criminal Law, 14th ed. (2018) and Evidence: Principles and Problems, 12th ed. (2018), all published by Thomson Reuters.

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