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Washington Report On Middle East Affairs

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		Academic Papers: Book Review: The Constitution of Law: Legality in a Time of Emergency by David Dyzenhaus (New York: Cambridge University Press, 2006). 250 Pages. Posted by: Admin on Thursday, April 17, 2008 - 01:51 PM
		736 Reads By FAISAL KUTTY York University - Osgoode Hall Law School Abstract: The terrorist attacks on September 11, 2001 and the ensuing war on terror has brought to the fore a number of issues that were not previously centre stage in legal discourse. The question about the limits of the rule of law during times of crisis is one such issue. David Dyzenhaus's new book explores this very issue and raises a number of interesting and fresh arguments against those who contend that extraordinary times demand extraordinary powers that enhance legislative or executive authority at the expense of the rule of law, rights and judicial review. Much of the debate and prescriptive recommendations we see in recent scholarship on national security are framed within the broader realm of the state of exception or state of emergency. The normalcy-rule, emergency-exception paradigm has been adopted as normatively desirable by most of the legal and political thinkers who have considered the subject of emergencies and emergency powers. The essential dilemma that these theorists are attempting to deal with is: should a democracy that is confronted with a serious existentialist terrorist threat respond with countermeasures which may or may not be effective but challenge fundamental principles of the democratic and liberal order? There is, of course, no better way to explore these controversial issues than by setting out to answer Carl Schmitt's challenge to liberal legal theory, which is essentially that the claim that a response to an emergency situation has in the nature of things to be partly or even wholly exempted from the requirements that we associate with the rule of law in normal times. In this book and some of his other work, Dyzenhaus has attempted to respond to Schmitt as well as to those who fall short in their own attempts to defend liberal legal theory from Schmitt's attack. Overall, Dyzenhaus's volume is a wonderful addition to the growing literature responding to Schmitt's challenge and to those who argue that the rule of law is optional for liberal democracies in times of emergencies. As any good book does, it raises as many good questions as it attempts to answer. Click here to read the rest of this book review.


		OPINION: No-fly lists provide false sense of security - How can someone be too guilty to fly and yet be too innocent to be charged on the ground, asks Faisal Kutty Posted by: Admin on Tuesday, May 15, 2007 - 10:15 AM
		1755 Reads By Faisal Kutty TORONTO, ONTARIO -- "Nothing personal sir, but your packages are not allowed on passenger airlines," said a United Parcel Service customer service agent, sitting in an American call centre. She was explaining to me that my package could not be delivered on an "early a.m." basis from Toronto to Peterborough. I was interrogating the agent about why this was so, since I had been using UPS without any problems since starting my practice in 1996. Initially reluctant, the agent eventually confessed that when my account number was entered into their system, the "Flight Guardian" software flashed a red signal. Note: Faisal Kutty, a Toronto lawyer and doctoral candidate at Osgoode Hall Law School at York University, is also vice-chair and counsel to the Canadian Council on American Relations. Read more... (5379 bytes more)


		COMMENT: No-fly lists are an ineffective way to fight terrorism Posted by: Admin on Wednesday, March 14, 2007 - 12:14 PM
		2480 Reads By Faisal Kutty As Transport Canada forges ahead with its cleverly named Passenger Protect Program, the timing could not be better to seriously reconsider what is for all intents and purposes a no-fly list. The attention to the issue of watch lists generated by the struggles of Maher Arar to clear his name should make us all sit back and reflect. There are many lessons to be learned from our government’s apology and financial settlement with Maher Arar for its role in his “extraordinary rendition” to Syria for torture. Note: Faisal Kutty is a Toronto lawyer, writer and doctoral candidate at Osgoode Hall Law School of York University. He filed submissions on behalf of a coalition of more than two dozen organizations on the initiative. The submission entitled “Too Guilty to Fly, Too Innocent to Charge” is available at the Social Sciences Research Network (SSRN) website. Read more... (7392 bytes more)


		Lives Lived: Mohamed Merchant Posted by: Faisal on Thursday, March 08, 2007 - 12:18 PM
		2317 Reads By FAISAL KUTTY TORONTO, ONTARIO --Husband, father, brother, friend, mentor. Born July 1, 1936, in Trichur, Kerala, India, Died Dec. 17, 2006, in Malton, Ont., of esophageal cancer, aged 70. After about two years in college preparing for medical school, realities of life caught with Mohamed Merchant and forced him to earn a living. Starting out as a driver, he went on to become a doctor's assistant and then a pharmacist before coming to Canada in 1972. Like many of the newcomers he later helped, he initially entered the job market as a security guard and then did a stint as an old-age home nurse. The last 20 years of his working life were spent as a chemical plant operator. Sadly, the cancer diagnosis came within three years of his retirement. Note: Faisal Kutty is a friend of Mohamed Bhai. Read more... (3153 bytes more)


		Academic Papers: Canada's Passenger Protect Program: Too Guilty to Fly, Too Innocent to Charge? Posted by: Admin on Friday, February 16, 2007 - 10:50 AM
		2020 Reads NOTE: YOUR COMMENTS ARE SOUGHT BECAUSE THE FOLLOWING IS STILL A WORKING PAPER. By Faisal Kutty Abstract: Canada's cleverly named Passenger Protect Program, which is nothing less than a “No-Fly” List, is set to take off in the spring of 2007. This article identifies and explores many of the concerns with the new program and concludes that it will have profound impact on fundamental liberties, human rights, privacy rights and poses a serious threat of racial/religious profiling. The article argues that the Passenger Protect Program must be debated and thoroughly investigated by Parliament. The fig leaf process of canvassing regulatory comment, ex post facto, instituted to attempt to give this initiative legitimacy falls far short of what is required. Click here to download and read the rest of the paper. You may comment on this paper because the publication deadline is still several weeks away. You may comment via the Comment Form.


		Apologizing to Maher Arar: A Beginning, Not an End Posted by: Admin on Thursday, February 08, 2007 - 04:57 PM
		2252 Reads JURIST Special Guest Columnist Faisal Kutty, vice-chair and counsel to the Canadian Council on American Islamic Relations and a doctoral candidate at Osgoode Hall Law School York University in Toronto where he also practices law, says that Canadian Prime Minister Stephen Harper's apology to Maher Arar provides a unique opportunity to address the erosion of civil and human rights in Canada's own "War on Terror"... "My priority right now is to clear my name,” said Maher Arar during his first public appearance in 2003 upon his return after being tortured for over a year in Syria. The Canadian Arar Commission findings which cleared him and Canadian Prime Minister Stephen Harper’s recent apology – which came after months of negotiations -- go a long way in helping Arar fulfill his first wish, even though some believe the apology did not go far enough (Harper apologized “for any role Canadian officials may have played”, while the Commission squarely blamed Canadian and American officials). CLICK HERE to read the rest of the article...


		ISSUES & IDEAS - Understanding the Hajj Posted by: Admin on Friday, December 29, 2006 - 04:03 PM
		2392 Reads By Faisal Kutty SECTION: ISSUES & IDEAS; December 29, 2006 Friday, Pg. A18, The National Post Thousands of Canadians are in Mecca, Saudi Arabia, this week for the annual rites of Hajj. They will retrace the footsteps of millions who have made the spiritual journey to the valley of Mecca since the time of Adam. Hajj literally means "to continuously strive to reach one's goal." It is the last of the five pillars of Islam (the others being a declaration of faith in one God, five daily prayers, offering regular charity and fasting during Ramadan). It is a once-in-a-lifetime obligation for those who have the physical and financial means. Read more... (4120 bytes more)


		COMMENT: Human rights as we know them: a western construct Posted by: Admin on Tuesday, December 05, 2006 - 02:34 PM
		2604 Reads By Faisal Kutty TORONTO, ONTARIO -- Fifty-eight years after the universal declaration of human rights was adopted by the United Nations General Assembly, the debate continues as to whether the documentis truly universal. Upon its adoption on Dec. 10, 1948, former U.S. First Lady Eleanor Roosevelt, chair of the commission on human rights, expressed her hope it would become “the Magna Carta of all mankind.” Ironically, as was the fate with the “great charter” of 1215, the declaration has not fully lived up to its name. Click Here to read the rest of this article.


		Others seek answers, too - Justice O'Connor releases his report today, amid growing unease among Muslim and Arab citizens over allegations of Canadian complicity in detention abroad Posted by: Admin on Monday, September 18, 2006 - 06:42 PM
		2616 Reads By Faisal Kutty Toronto Star - Sep. 18, 2006 -- Since the tragic events of 9/11, many Muslims and Arabs have been living in a climate of fear and uncertainty. The draconian and hastily enacted Anti-Terrorism Act and questionable national security practices have had a profound effect on their psyche. Arguably, times have changed. One of the most pressing contemporary debates in liberal democracies today is whether to trade off rights for greater security. Seems neutral in theory, but all members of society do not equally bear this burden. Canadian Muslims/Arabs are increasingly realizing that trading off rights mean, more specifically, forfeiting their rights. Note: Faisal Kutty, a lawyer with Kutty, Syed & Mohamed, is counsel to the Canadian Council on American Islamic Relations, an intervener in the Maher Arar Inquiry, and in the more recently constituted Air India Inquiry. Read more... (5496 bytes more)


		Toronto Arrests Spark Debate About Muslim Extremism Posted by: Admin on Wednesday, September 06, 2006 - 10:08 AM
		2572 Reads By Faisal Kutty THE JUNE 2 ARRESTS in Toronto of 17 men and youths on terrorism charges has ignited a series of debates and placed Canada’s growing Muslim community under a microscope. How this plays out in the coming months and years will depend on how the Muslim community, government agencies, the media and Canadians at large perceive the issues and move forward. Clearly, if mainstream Muslims are not seen to be (and actually are not) part of the team working on a solution, then their alienation will only add to the problem. Click here to read the complete article...


		Good intentions are not good enough: Proposed changes weaken the enforcement powers of Human Rights Commission Posted by: Faisal on Monday, June 26, 2006 - 06:06 AM
		2592 Reads By Faisal Kutty The Toronto Star, Jun. 26, 2006 -- At the time of its enactment in 1962, the Ontario Human Rights Code was ahead of its time in prohibiting discrimination and harassment on enumerated grounds — now numbering 16. Sadly, the system that consists of the Ontario Human Rights Commission and the Human Rights Tribunal has not kept pace with the demands of a changing society. In fact, over the past 15 years, numerous studies, reports and consultations have concluded the system is broken. The Dalton McGuinty government must be commended for taking the initiative to improve the system. So why did a coalition of human rights groups, community organizations and prominent individuals sign an open letter last week asking Attorney General Michael Bryant to slow down? Clearly, the government has the right intention in introducing Bill 107 (Human Rights Code Amendment Act, 2006), but good intentions are not always good enough. In fact, the proposed amendments do little to correct the deficiencies and, in fact, weaken our human rights system even more. The necessity of a strong human rights protection and redress system was reinforced by the 1981 Supreme Court decision in Seneca College v. Bhaduria. The court refused to recognize a tort of discrimination, and essentially recognized the exclusive jurisdiction of the Tribunal in granting remedies for human rights violations. The ostensible reasoning was that the provincial legislative initiative encapsulated in the Code superseded the common law. Under the current system, once a complaint is filed, the commission investigates the matter and guides the complainant through the process. If the resolution is unsatisfactory to the complainant or the commission (acting in the public interest), then the commission is empowered to take the matter to the tribunal. At this stage, the commission essentially takes on the role of a prosecutor and advocates for the complainant. Bill 107 not only eliminates this investigative and prosecutorial role by giving complainants direct access to the tribunal, but goes even further and reduces the commission's power to initiate its own complaints. Direct access to the Tribunal may sound good in theory, but the formality of the process and lack of commission support will intimidate even more from pursuing justice. Moreover, the tribunal's expanded grounds to dismiss complaints without a hearing may speed up the process, but will not serve the cause of human rights. A hybrid system, whereby the complainant has choice of whether to proceed through the commission or go directly to the tribunal may be a better alternative. The current system is seriously backlogged and lacks any real teeth in terms of deterrence. Far from alleviating the problems, the proposed amendments, which also include a potential user fee and no guarantee of legal representation, will preclude even more people from using the system effectively. In the current climate of rising discrimination, racism, anti-Semitism and Islamophobia, a strong Human Rights Commission is a necessity to preserve social cohesion in our increasingly multicultural society. There is broad consensus among the front-line organizations that a number of serious issues must be reconsidered, including the following: Retaining and expanding the investigative role of the commission. Mandating adequate funding for legal representation of complainants. As it stands under the bill, such funding is discretionary. The tribunal must not be able to override the "due process" provisions of the Statutory Powers Procedure Act. The bill's expanded grounds for refusing a hearing need to be reconsidered. Providing authority to the tribunal to award legal costs to a successful complainant. Increasing the deterrence value by increasing compensation amounts. A maximum penalty of $10,000 for the most wilful and reckless violations really lacks any bite. Any user fees must be reconsidered or structured as a refundable one if the complaint is not frivolous and vexatious. Strengthening the system in policing, and sanctioning reprisals against complainants and whistleblowers. These are just a few of the areas that need to be studied further. As a lawyer and human rights activist who has been on the front line in dealing with increasing discrimination against Muslims and the growth of Islamophobia, I can say that our system has fallen short. More recently, in the wake of the arrests of 17 suspects in an alleged terrorist plot, I have personally fielded numerous calls from individuals who feel their rights are being violated. Most find the existing system with all of its supports hard enough to navigate. The proposed amendments will only increase the likelihood that they will never get their "day in court," contrary to what Bryant said in introducing the bill. At this critical juncture, we need a strong Human Rights Commission to ensure that human rights in Ontario are not only theoretical, but can practically be enforced. The only way to ensure this is to proceed with caution, consult broadly and give sufficient opportunity for affected groups to properly make representations.


		Federal Court of Appeal (FCA) to Rule Whether U.S. Deserters are Refugees Posted by: Admin on Monday, May 15, 2006 - 05:33 PM
		2791 Reads By Faisal Kutty "Our children did not enlist to commit war crimes and crimes against humanity," said Cindy Sheehan, the prominent American anti-war activist who lost her son. During a visit to Ottawa last week, she called on Canada to welcome war resisters as refugees. The call comes as the Federal Court of Appeal gets set to hear appeals from resisters, Jeremy Hinzaman and Brandon Hughey. Last month the Federal Court... CLICK HERE to read the rest of this article.


		Academic Papers: The Shari'a Law Factor in International Commercial Arbitration Posted by: Faisal on Tuesday, April 25, 2006 - 07:03 PM
		2949 Reads NOTE: YOUR COMMENTS ARE SOUGHT BECAUSE THE FOLLOWING IS STILL A WORKING PAPER. By Faisal Kutty Abstract: The world has witnessed a phenomenal growth in commercial disputes transcending national borders due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion continue to fuel conflicts and disagreements between commercial players. Over the last few decades there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles of Shari’ a or Islamic law, a source (to varying degrees) of law in most nations in the Middle East. It is clear that the increase in international commercial transactions has contributed to the globalization of the legal community, but it is disturbing that there has been very little examination of the influence and impact on the Middle East’s legal system’s religious underpinnings upon the continued acceptance of international commercial arbitration. Click here to download and read the rest of the paper. You may comment on this paper because the publication deadline is still several weeks away. You may comment via the Comment Form.


		COMMENT: Faith-based arbitrations in Ontario: A lost opportunity Posted by: Admin on Monday, March 20, 2006 - 01:36 PM
		2723 Reads By Faisal Kutty Lawyers Weekly March 24, 2006 September 11, 2005 is etched in the minds of many Ontario Muslims. On that fateful Sunday, Premier Dalton McGinty announced his decision to preclude the use of any religious laws in resolving family disputes under the Arbitration Act, 1991. The controversy erupted in the fall of 2003, when a small Muslim group led by a retired Ontario lawyer announced the formation of the Islamic Institute of Civil Justice (IICJ) to provide a framework to voluntarily resolve private disputes using Islamic legal principles. The IICJ announcement gave the false impression that the Ontario government had granted them some form of special permission to establish a “Sharia Court”. This was neither the march of political Islam nor the establishment of a parallel court system. In fact, as the Attorney General’s office kept reiterating at the time, no changes had been made to the law since its enactment. The Act allowed parties to resolve their private disputes – commercial, ecclesiastical or family – through voluntary arbitration. Given that the IICJ was simply using existing Ontario legislation, the government had no positive duty in the process. Indeed, other religious groups had been using the Act for years. Among the provinces 400,000 Muslims, opinions ranged from wholehearted endorsement to the genuine fear that tribunal decisions will be biased against women. Some thought of it as a panacea that would solve their inability to live as “good” Muslims. A combination of misunderstanding, ignorance, and the careless pronouncements by both sides, as well as inaccurate and biased media coverage helped fuel a firestorm. Many uncritically accepted the misunderstanding first promoted by the IICJ and later by the media that the government had approved new “Sharia Courts” with coercive power to force all Muslims to arbitrate using Islamic laws. Opponents of political Islam and secular Muslims, who saw the initiative as the lead chariot in the procession of Islamizaton, mobilized their resources and reacted swiftly on a global level. At times the discourse verged on Islamophobia. Due to mounting pressure from women’s groups and two secular Muslim groups, the government formally asked former attorney general and women’s rights advocate Marion Boyd to look into the issue. In her December 2004 report, Boyd was categorical: “The Arbitration Act should continue to allow disputes to be arbitrated using religious laws.” The government made no public comments on the report, but because of the political hot potato it had become decided to take the easy way out. The Premier’s decision was formalized last month with the passage of the Family Statute Law Amendment Act, 2005 (the “FSLAA”), which precludes the use of any religious laws in family law arbitrations. Disturbingly, all three parties jointly took away a right that was available to Ontarians since 1992 without any concrete evidence of harm. They acted on speculation and against the recommendations of the government’s own report. Clearly a first in Ontario. Meanwhile, “back alley” arbitrations will continue throughout the province unregulated and unsupervised. In the months leading up to the decision, I had been in consultation with the AG’s office on behalf of a coalition of virtually all the large national Muslim groups and it appeared that the government had no choice but to continue to allow religious arbitrations with additional checks. The groups argued that faith-based arbitrations should continue as a protected and viable option provided that it was voluntary, that all of Boyd’s recommendations were adopted and our courts would only enforce decisions consistent with Canadian laws. In essence, arbitrations using religious principles should not be rejected outright. The Canadian Jewish Congress advanced the same view during FSLAA hearings earlier this year. The CJC also argued that faith communities should be involved in the development of the legislation’s regulations. Both suggestions were rejected outright without any reasons. As counsel Mark Freiman pointed out, the legislation and the process used to develop it appear to be based on the premise that women are intrinsically incapable of vontuntarily choosing faith-based arbitration. “It assumes that faith-based approaches to arbitration are innately exploitative,” Freeman noted. “This view is insulting to all women, and to the faiths to which Ontarians adhere.” The discussion brought to the fore a highly charged emotional debate that has been raging silently in democratic and multicultural nations. The tension of course transcends the issue of dispute resolution and tugs at two fundamental questions. The first is how to balance the collective rights of a group with the individual rights of group members – particularly the vulnerable, women and children. The second question is how to reconcile religious rights with the separation of church and state. Proponents of faith-based arbitrations argue that religious values can be a major part of a person’s identity and can therefore influence one’s attitude and approach to conflict resolution. These proponents contend that they should be able to govern their lives according to their conscience within the parameters of law if the constitutional right to freedom of religion is to have any real value. Consenting and informed adults must be able to make religious choices even if others do not believe these are “correct” choices. Both sides of the debate realize the significance of this battle over “Islamic arbitration.” Opponents speculated that a victory by the “fundamentalists” in Canada would have given credence to those who stand behind Sharia in Muslim countries to the detriment of women. This betrays and ignores the evolutionary and context specific nature of Islamic law. Ontario lost a timely opportunity to show the world how to balance these competing rights in a manner that respects all parties and protects the vulnerable; and at the same time see how Islamic law and liberal democracy can co-exist within a liberal constitutional framework. Note: Faisal Kutty is a lawyer with the firm of Kutty, Syed & Mohamed. He is a board member for the Canadian Council on American Islamic Relations and serves as general counsel for the Canadian Muslim Civil Liberties Assocation. He can be reached at fkutty@ksmlaw.ca.


		Letters to The Editor: The price we pay? Posted by: Admin on Monday, February 27, 2006 - 12:13 PM
		2124 Reads Published in The Globe and Mail, February 26, 2006, page A14 Letters to the Editor The Globe and Mail Marvin Kurz contends (The rights of terrorists? What rights? Feb. 25) that terrorists should not have any rights. This ignores some important issues: 1. The Universal Declaration of Human Rights and the Hague and Geneva Conventions do not say they only apply to people we agree with. 2. None of the human-rights advocates argue for special treatment for terrorists. They only say we must abide by the rule of law and respect established procedural safeguards and fundamental rights. 3. Terrorism is nothing new, and there is no need to undo many of the developments in the field of international human-rights law. 4. Who determines that someone is a terrorist not entitled to any safeguards? 5. Exploiting emotions by asking questions about the rights of the victims is intellectually dishonest. Taking away rights from the accused does not increase the rights of victims. The inherent challenge for any democracy engaged in the struggle against terrorism is always the reconciliation of rights, liberties and the rule of law with an effective and unequivocal counter-terrorism policy. If we give up our core values, then we are no different from the terrorists. At the same time, we should also not be naïve to think that terrorists are not seeking to exploit our society's weaknesses. In essence, a liberal democracy should not be digging its own grave by being constrained in its ability to deal with those out to destroy its very existence. Yet, it is precisely during times of crisis that the protection of fundamental rights must stand the test. Faisal Kutty, general counsel, Canadian Muslims Civil Liberties Association, Toronto


		Letters to The Editor: Reaction to Arab ports' deal a gratuitous insult - A lesson for Bush: You reap what you sow Posted by: Admin on Monday, February 27, 2006 - 10:42 AM
		1957 Reads Published in Toronto Star, February 27, 2006 Letters to the Editor The Toronto Star One Yonge Street Toronto, Ontario Re: A lesson for Bush: You reap what you sow (Feb. 25, 2006) Opinion, Feb. 26. Thomas Walkom hits the nail squarely on the head. President George W. Bush and the neo-cons have so successfully brainwashed Americans that even they can't understand the extent of the hate and suspicion now. Opponents of the proposed deal by Dubai Ports World (DPW) to takeover operations of six American ports claim that Arab management will increase the chances of "terror" attacks. At best, the logic is flawed and at worst, it is racist. Security and maritime experts tell us that DPW is being unfairly targeted — racial profiling and guilt by association at its best. Indeed, we heard no such concerns when the British ran the operations despite the fact that a number of terrorists have held British passports and London-based financial institutions have been used extensively in funnelling funds to terrorists. The facts that DPW will be doing little more than handling baggage and transferring cargo on and off ships using American employees and that security will remain firmly in the hands of Americans are being conveniently ignored by many. The lies trotted out by the administration over the years to advance its new American century have real consequences not only for the thousands of innocents on the receiving end of operation "democracy" and "freedom," but also on the lifeblood of the American empire — international capital and trade. The public reaction says a lot about how much Americans have bought into Bush's own characterization of "them." They can't trust any of "them" now. The extremists in both the Islamic and Western camps — both itching to ignite the world into a clash of extremisms — have yet to fully realize their polemics could have deadly consequences. This is just one more gratuitous insult to Muslims and Arabs the world over. Faisal Kutty, General Counsel, Canadian Muslim Civil Liberties Association, Toronto


		Free Speech or Hate Speech? Posted by: Faisal on Wednesday, February 22, 2006 - 05:43 PM
		3416 Reads By Faisal Kutty “I don’t know of anything more important than freedom of expression,” said former Supreme Court Justice Peter Cory commenting on the Court’s decision to uphold Jim Keegstra’s conviction for willfully promoting hatred in 1991. The offensive Danish cartoons of the Prophet Muhammad have now ignited global interest in the subject. To date four Canadian media outlets have entered the fray. Despite death and destruction, some free speech advocates have characterized this as a defining battle. It has now become a clash of extremes with both sides reeking of double standards. Muslim extremists, some of whom regularly insult others, and dictatorships are trying to claim the moral high ground by defending the sacred in clearly non-sacred ways. An equally hypocritical extreme in the West is pretending as if there are no limits and as if subjective restraint is not exercised daily. Many of the nations where these cartoons have been published have laws against anti-Semitism and rightly so (for an excellent summary of the situation in Europe see Professor Ruti Teitel’s article). In fact, about two weeks ago Italian prosecutors even announced charges against eleven individuals who displayed Nazi symbols during a football game. Meanwhile, media in Italy have reproduced the cartoons with impunity. Note: An Abridged version of this article appeared in Lawyers Weekly (February 24, 2006) Faisal Kutty is a lawyer with the firm of Baksh & Kutty. He is a board member with the Canadian Council on American Islamic Relations and general counsel for the Canadian Muslim Civil Liberties Association. Read more... (6704 bytes more)	</