Restoring Rights in Canada

When people say there isn't much difference between the U.S. and Canada, they don't see the subtleties.

The 9-0 Canadian Supreme Court decision struck down a law used to detain foreign-born terrorism suspects indefinitely.

"The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process," wrote Chief Justice Beverley McLachlin.

This would seem to be a decision that would have been made by the Warren Court about 50 years ago, perhaps even in a 9-0 decision.

The New York Times editorial paints a broader picture of the difference between the two countries, especially in the Maher Arar case.