Canadian Supreme Court Justice Ian Binnie described the conflict between human rights and national security as a clash of titans 25 years after the 9/11 attacks, which led to Canada rewriting its national-security laws in just two months. The Anti-terrorism Act created new terrorism offences and investigative powers, with some measures expanding into immigration, travel, banking, and other areas of ordinary life. A Toronto lawyer, who was counsel to Muslim civil-liberties organizations during this time, notes that while some changes were necessary, the harder question is which ones should be given back. The lawyer's own experiences, including a family member's encounter with emergency powers in India in 1975, inform their perspective on the importance of upholding constitutional rights and due process.
Written by the local model on 2026-09-11,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
Twenty-five years after the September 11, 2001 attacks, the event continues to have profound personal and societal impacts. Colin McShane, whose firefighter father died that day when he was just 4½ years old, reflects on his loss and the missed opportunity to truly know his dad. Meanwhile, Sue Riccardelli and Maureen Murray of New Jersey honor their hosts in Gander, Newfoundland, who took care of stranded passengers after 9/11 by flying a flag outside their home and bringing it to performances of "Come From Away," a musical about the event. In New York City, 2,977 people died at ground zero, including 79 workers from Windows on the World restaurant; many more responders have since fallen ill or died due to exposure to toxins while working at the site in its aftermath. The long-term health program for those affected by 9/11 has struggled with funding shortages and is now treating individuals who are still getting sick decades later, leading to a higher death toll from post-attack illnesses than initial casualties.
Written for “9/11 Aftermath Memories Reflections” on 2026-09-15,
grounded in this article and the 168 other(s) covering the same event.
More than two decades ago, Canadian Supreme Court Justice Ian Binnie described the conflict between human rights and national security as “truly a clash of the titans.”
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Binnie → describe → titans
Twenty-five years after 9/11, Canada is still wrestling with that clash.
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Canada → wrestle → clash
Within three months of the attacks that killed nearly 3,000 innocent people, Canada had fundamentally rewritten its national-security laws.
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Canada → kill → laws
It created new terrorism offences and investigative powers and measures targeting terrorist financing and charities.
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It → create → financing
Expanded intelligence sharing and, eventually, a no-fly list followed.
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list → expand → sharing
National security increasingly reached into immigration, travel, banking and other areas of ordinary life.
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security → reach → life
Canada faced genuine threats and governments had an obligation to protect the public.
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governments → face → public
But emergencies have a way of shifting the boundaries of government power.
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emergencies → have → power
The harder question comes later: Which of those changes do we give back?
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we → come → changes
I had a front-row seat to that debate.
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I → have → debate
As a Toronto lawyer and counsel to Muslim civil-liberties organizations, I worked on challenges to Canada’s post-9/11 national-security regime.
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I → work → regime
I was counsel to organizations involved in the Maher Arar Inquiry and security-certificate cases before the Supreme Court.
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I → involve → Court
I worked on anti-terrorism issues and, in 2007, prepared a submission challenging Canada’s proposed no-fly list on behalf of more than two dozen organizations.
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I → work → organizations
A Canadian citizen returning home was detained by American authorities and rendered to Syria, where he was imprisoned and tortured.
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he → return → Syria
The inquiry exposed how inaccurate information supplied by the RCMP contributed to his ordeal.
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information → expose → ordeal
Intelligence had crossed a border much more easily than accountability.
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Intelligence → cross → accountability
Security certificates raised another problem: How do you defend yourself when the government can rely on secret evidence you cannot see?
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you → raise → evidence
Twenty-five years later, it’s important to remember that rights are not simply obstacles to security.
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rights → ’ → security
The rule of law is part of what we are supposed to be protecting.
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we → suppose → what
Otherwise, we risk protecting our own security by giving up someone else’s freedom.
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we → risk → freedom
Perhaps I was particularly sensitive to this because my encounter with emergency powers began long before 9/11.
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encounter → begin → 9/11
I was 6 when Indira Gandhi declared a state of emergency in India in 1975.
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Gandhi → declare → 1975
My father, a former editor of an opposition magazine, was wanted for his writings.
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father → want → writings
We moved from place to place before eventually sneaking out of the country and settling in Canada.
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We → move → Canada
At that time, I didn’t know the language of constitutional rights or due process, but I came to it through my law career.
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I → know → career
In Canada, limits were imposed.
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limits → impose → Canada
Courts pushed back.
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Courts → push → ?
Laws were amended and safeguards added.
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safeguards → amend → ?
And Canada did not go as far as the United States in important respects.
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Canada → go → respects
Those distinctions matter.
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distinctions → matter → ?
But much of the architecture survived.
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much → survive → architecture
Canada’s Passenger Protect Program (no-fly list) still exists.
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Program → exist → ?
Intelligence sharing remains deeply integrated across borders.
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sharing → integrate → borders
Immigration and national security remain intertwined.
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Immigration → remain → ?
The post-9/11 focus on terrorist financing also brought Muslim charities under heightened scrutiny.
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focus → bring → scrutiny
Loss of liberty
The question is whether measures introduced in an emergency should become permanent without having to show that the loss of liberty actually buys us greater security.
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loss → introduce → security
I was asking that question when Canada’s no-fly list was introduced.
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list → ask → question
How could someone be considered too dangerous to board an airplane but not dangerous enough to charge?
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someone → consider → airplane
Powers developed in response to one feared group rarely remain confined to that group.
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Powers → develop → group
Governments change.
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Governments → change → ?
…and 9 more, not listed.
The Aporia
