In security hearings the terrorist profile replaces solid legal evidence

Evidence

In each of the security-certificate cases considered here, the profiling of the terrorist as a person with the stain of Islamic extremist ideology and his immediate eviction from political community stands in place of solid evidence, knitting together strands of the evidence into a story of the monster terrorist. In the absence of law, an absence indicated by the low threshold of proof that operates throughout the security-certificate hearing and the difficulty of assessing the merits of the available evidence, the profile must do most of the work to convince us that the men are a profound and self-evident threat. — Sherene Razack, Casting Out, 126

Categorization

  • QUESTION: How low is the ‘low threshold of proof’ in Canadian security-certificate hearings, and how does it compare to criminal burden of proof?