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Irruptions of Motive in the War on Terrordagger
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Journal Article
Irruptions of Motive in the War on Terrordagger
2007
Overview
In R. v. Khawaja, Rutherford J. severed the motive requirement from the definition of terrorism contained in section 83.01 of the Criminal Code. In doing so, he drew upon the traditional doctrine that motive is irrelevant to criminal liability. This article disputes the idea that motive is irrelevant. It makes the modest argument that the criminal law has long passed political judgements on the value or disvalue of particular motives, and that if political factors creep into the definition of terrorism, it does so in the criminal law generally. [PUBLICATION ABSTRACT]
Publisher
HAB Press Limited
