with the political situations in which terrorism is fomented and, on the domestic level,to rethinking and strengthening security and intelligence. Terrorist legislation is not only an inherent threat to civil liberties but, as the dismal history of the implementation of the legislation shows, of little use in eradicating terrorism. History teaches us that the crimes of terrorism are best dealt with by using the ordinary law of the land effectively and that those caught in the net cast by terrorism statutes are more often than not the other'or the 'alien'-the illegal immigrants, the refugees who had opposed the political regime of their native land, people with a different skin colour, homegrown political dissidents, or anyone else who is already marginal or whom powerful groups would prefer to be marginal Indeed, those who take comfort in their homogeneity -in the fact that they are not other or alien-when terrorist legislation is enacted should note what Audrey Macklin has termed laws role in producing the alien within. Such legislation shifts the category of alien enemy out of the legal arena in which it often goes unnoticed because we don' t care much about those who have fragile legal status in our societies, or even want them out as soon as possible -refugee claimants and people subject to deportation because they are not yet citizens. It shifts the category of the alien into the ordinary law of the land, where the I On these points, see most of the essays in Ronald J Daniels, Patrick Macklem and Kent Roach(eds), Tbe Security of Freedom: Essays on Canadas Anti-Terrorism Bill ( University of Toronto Press, Toronto, 2001), especially the essays in the section, Criminalizing Terrorism, and on security, Mariana Valverde, Governing Security Governing Through Security,, 83. See also Adam Tonkins, ' legislating Against Terror: the Anti-Terrorism, Crime and Security Act 20012002] Public law 205. As Tonkins notes, the United Kingdom has derogated from the European Convention on Human Rights in respect of this statute 2 Audrey Macklin, Borderline Security, in Daniels, above n 1, 383, at 3982 with the political situations in which terrorism is fomented and, on the domestic level, to rethinking and strengthening security and intelligence.1 Terrorist legislation is not only an inherent threat to civil liberties but, as the dismal history of the implementation of the legislation shows, of little use in eradicating terrorism. History teaches us that the crimes of terrorism are best dealt with by using the ordinary law of the land effectively and that those caught in the net cast by terrorism statutes are more often than not the ‘other’ or the ‘alien’ – the illegal immigrants, the refugees who had opposed the political regime of their native land, people with a different skin colour, homegrown political dissidents, or anyone else who is already marginal or whom powerful groups would prefer to be marginal. Indeed, those who take comfort in their homogeneity – in the fact that they are not other or alien – when terrorist legislation is enacted should note what Audrey Macklin has termed ‘law’s role in producing the alien within’.2 Such legislation shifts the category of alien enemy out of the legal arena in which it often goes unnoticed because we don’t care much about those who have fragile legal status in our societies, or even want them out as soon as possible - refugee claimants and people subject to deportation because they are not yet citizens. It shifts the category of the ‘alien’ into the ordinary law of the land, where the 1 On these points, see most of the essays in Ronald J Daniels, Patrick Macklem and Kent Roach (eds), The Security of Freedom: Essays on Canada’s Anti-Terrorism Bill (University of Toronto Press, Toronto, 2001), especially the essays in the section, Criminalizing Terrorism, and on security, Mariana Valverde, ‘Governing Security, Governing Through Security’, 83. See also Adam Tonkins, ‘Legislating Against Terror: the Anti-Terrorism, Crime and Security Act 2001’ [2002] Public Law 205. As Tonkins notes, the United Kingdom has derogated from the European Convention on Human Rights in respect of this statute. 2 Audrey Macklin, ‘Borderline Security’, in Daniels, above n 1, 383, at 398