Article: Immigration, civil liberties, and national/homeland security

INTRODUCTION

In the wake of 9/11, the liberty-security conundrum in Canada and the United States, as in most liberal democratic states, has once again come to the forefront of political life. With the quick passage of antiterrorist legislation,1 both countries have allowed for increased governmental surveillance and detention powers to thwart potential terrorists within their respective states. By having provisions such as "preventive arrest" and "sneak and peek," executive discretion has essentially taken precedence over judicial review. Reminiscent of the early Cold War years when the communist threat was perceived as emanating not only from the Soviet Union but also from subversives ...

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