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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p235806_index.html Direct Link: HTML Code:

Théroux, Charles. and Karpinski, Maciej. "The Dilemmas of Ensuring National Security while Protecting Human Rights: A Perspective from the Canadian Human Rights Commission" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p235806_index.html>

Théroux, C. and Karpinski, M. M. , 2008-05-27 "The Dilemmas of Ensuring National Security while Protecting Human Rights: A Perspective from the Canadian Human Rights Commission" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada Online <PDF>. 2009-05-23 from http://www.allacademic.com/meta/p235806_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: After the terrorist attacks of September 11, 2001 in the United States, the Canadian government introduced legislation that expanded the authority of several national security agencies. It also adopted new practices to deal with terrorism and created new departments to manage expanding security processes. Given the pressure to develop a rapid response, there were little time and data available to fully assess how these measures might impact human rights protections that are constitutionally enshrined. In 2006, the Canadian Human Rights Commission, charged with the administration of the Canadian Human Rights Act, published a report that set the framework for a “National Security and Human Rights Initiative.” The report outlined a series of recommendations for research with the intent of developing non-discriminatory or least-discriminatory national security practices. We review the dilemmas encountered when national security considerations must be made against the backdrop of human rights principles, and argue that the problem should not be conceptualized in terms of striking a balance but more in terms of finding ways to ensure national security while protecting human rights. We then outline research the Commission has undertaken to facilitate the emergence of good practices in the field of national security.

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