The fight for the soul of Canada's justice system (long)

posted on December 13, 2004 | in Category Security Certificates | PermaLink

Original author: Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: December 12, 2004 TERROR V. TORTURE: Even the judges hate the security certificate process

Justice James Hugessen took the podium at a Montreal conference and dispensed with his usual disclaimer about speaking only for himself. He was, Judge Hugessen said, representing his colleagues on the bench of the Federal Court as he turned his remarks to special provisions of the Immigration and Refugee Protection Act -- provisions that require judges to hear government evidence against foreign nationals accused of terrorism in the absence of both detainees and their lawyers. The extraordinary measures are part of the security certificate process, and using it, the government deports people whom the Canadian Security Intelligence Service deems terrorists.

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New photos from December 10th 2004 Rally

posted on December 11, 2004 | in Category Security Certificates | PermaLink

News: Rally in Toronto on Dec 10th, International Human Rights Day

New photos courtesy of John Bonnar HERE: [link]

NUPGE joins campaign to abolish security certificates

posted on December 11, 2004 | in Category Security Certificates | PermaLink

Original author: NUPGE staff Source: NUPGE Website (National Union of Public and General Employees) URL: [link] Date: December 9, 2004 "Security certificates and secret trials deny citizens one of the most basic and universal of all human rights." - James Clancy

Ottawa - The 337,000-member National Union of Public and General Employees (NUPGE) is observing Dec. 10, the 56th anniversary of the Universal Declaration of Human Rights, by joining a long list of organizations demanding an end to Canada's use of Security Certificates and secret trials. Dec. 10 also marks the second anniversary of Mohamed Harkat being held under a Security Certificate, as well as the last day of his hearing in a Canadian court to determine his fate. Harkat is alleged to be a member of al Qaeda, but evidence against him has never been made public. "Security certificates and secret trials deny citizens one of the most basic and universal of all human rights, the right to fundamental justice," says NUPGE president James Clancy.

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Federal Court upholds 'security certificates'

posted on December 10, 2004 | in Category Canada | PermaLink

Original author: Globe and Mail update with Canadian Press (CP) Source: The Globe and Mail URL: [link] Date: December 10, 2004
It is constitutional to hold suspected terrorists without charge or appeal, the Federal Court of Appeal ruled Friday. The decision is a blow to the hopes of Moroccan-born Adil Charkaoui, whose supporters have been fighting against the "security certificate" under which he has been held since the spring of last year. Mr. Charkaoui has lost three bids for bail. He is accused of being an al-Qaeda agent and faces deportation to his native country, where his supporters say he could be tortured.

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Court hears final arguments in Harkat case

posted on December 10, 2004 | in Category Mohamed Harkat | PermaLink

Original author: CBC News Staff
Source: CBC.CA
URL: [link]
Date: December 10, 2004

OTTAWA - Lawyers for a local man accused of being a terrorist made their final arguments in an Ottawa courtroom Thursday. Paul Copeland, Harkat's lawyer

Paul Copeland, Harkat's lawyer Mohamed Harkat has spent the past two years in an Ottawa jail, held on national security certificate.

If the federal government's case against him is upheld, he could be sent back to his native Algeria. The federal spy agency, CSIS, believes Harkat is a member of al Qaeda.

But much of the evidence is secret, even from Harkat and his lawyer, Paul Copeland.

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Appeals court upholds security certificates

posted on December 10, 2004 | in Category Security Certificates | PermaLink

Original author: News Staff
URL: [link]
Date: December 10, 2004

The Federal Court of Appeal has ruled that the security certificates federal officials use to detain terror suspects without charge or bail are constitutional.

Upholding a December 2003 lower court ruling, a three-member panel of Federal Court justices issued its decision on Friday.

In the decision, the court said that Moroccan-born permanent Canadian resident Adil Charkaoui can be lawfully imprisoned while the courts consider the merits of his security certificate.

Issued to individuals whose cases are deemed relevant to national security, the certificates are reviewed and signed by the public safety and immigration ministers before being referred to the Federal Court.

A judge then hears evidence in the absence of the accused.

Charkaoui, 31, has been in custody since May 2003 on suspicions he is linked to the al Qaeda terror network. During his 20 months in detention, he has lost three bids for bail and has yet to be charged or see all the evidence against him.

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Secret Trials: Canada's worst dirty little secret?

posted on December 10, 2004 | in Category Security Certificates | PermaLink

Media release from press conference at 10 AM Dec 10th with: For Immediate Release 10 December 2004 Secret trials: Canada's worst dirty little secret? Prominent Canadians demand abolition of "security certificates

- Ed Broadbent - Member of Parliament (NDP), Past President of the International Centre for Human Rights and Democratic Development - Alex Neve - Amnesty International Canada, Secretary General for English Speaking Branch - Riad Saloojee - Council for American-Islamic Relations Canada (CAIR-CAN), Executive Director - Warren Allmand - International Civil Liberties Monitoring Group (ICLMG), former Liberal Cabinet Minister and Solicitor General of Canada - Deborah Bourque - Canadian Union of Postal Workers, President OTTAWA - The federal government must abolish security certificates, hold open trials for all detainees and not deport them, prominent Canadians demanded today in Ottawa. Across the country, people staged actions in honour of December 10th, the International Day for Human Rights, to bolster those demands. Five Muslim men have waited a combined total of over 174 months in Canadian jail cells without bail, charges or evidence that even their lawyers can't access. All face the risk of deportation into torture. "The security certificate process does not conform to a number of essential international legal standards," said Alex Neve, General Secretary of Amnesty International Canada (English-speaking branch). "Justice and security will prevail only when we disallow violations of fundamental human rights such as arbitrary detention and torture, and instead institute fair proceedings. But the security certificate denies both justice and security." Supporters of Mohamed Harkat and the four other Muslim men being held on security certificates released a statement signed by over 300 groups and individuals sharing Neve's concerns. Notable signatories include NDP leader Jack Layton, singer Bruce Cockburn, film-maker Denys Arcand and former Progressive Conservative MP Flora MacDonald, all of whom share strong concerns about the weakening of fundamental human rights in Canada in the name of the "war on terror". Organizational supporters include the Law Union of Ontario, the Canadian Council on American-Islamic Relations, labour unions, Amnesty International and nineteen other human rights organizations. "These secret trials may be Canada's worst dirty little secret," said Deborah Bourque, President of the Canadian Union of Postal Workers. "This security legislation clearly comes from a fear-based government agenda that gives police and courts more power while integrating Canadian and U.S. policies on immigration." Riad Saloojee, Executive Director of the Canadian Council on American-Islamic Relations, spoke of the fear that the detentions have evoked in the Arab and Muslim communities. "For many Canadian Muslims and Arabs, security certificates embody an arbitrary and non-transparent legal process that they never expected to find in a democratic country they now call home," said Saloojee. "Muslims and Arabs have unfortunately been the most common casualties under this deeply flawed process." Today's day of action against secret trials sees events and actions happening in Ottawa, Vancouver, Toronto, Montreal and Halifax, among other cities. The Muslim men being held are: Hassan Almrei, Syrian, held since October 20, 2001; Adil Charkaoui, Moroccan, held since May, 2003; Mohamed Harkat, Algerian, held since December 10, 2002; Mahmoud Jaballah, Egyptian, held for 9 months in 1999, cleared of allegations, held again since August 2001; Mohammad Mahjoub, Egyptian, held since June, 2000. A sixth man, Ernst Zundel, a German, has been held since February 2003. Contacts: Jessica Squires, Justice for Mohamed Harkat Committee: (819) 328-5831 Christian Legeais, Comite Justice pour Mohamed Harkat: (613) 276-9102 or Sophie Harkat: (613) 820-1550

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Emotional day for Harkat's supporters

posted on December 10, 2004 | in Category Mohamed Harkat | PermaLink

Original author: Tobi Cohen Source: The Ottawa Sun URL: [link] Date: December 10, 2004 Public portion of hearing ends

Tears and hugs filled a federal courtroom where the public portion of accused terrorist Mohamed Harkat's security certificate hearing wrapped up yesterday -- just one day shy of the second anniversary of his arrest. Today also happens to be National Human Rights Day -- an irony his wife Sophie couldn't help but point out. "It's the conclusion of two years' worth of stress and work and this is the big decision now," Sophie sobbed just before leaving the courthouse. The ruling's "not appealable, so today I give my husband a hug and we don't know if it's going to be a victory hug ... or if it's going to be a goodbye hug, so it's really a sad moment."

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Federal Court OKs security certificates

posted on December 10, 2004 | in Category Security Certificates | PermaLink

Original author: Canadian Press (CP)
Source: The Montreal Gazette
URL: [link]
Date: December 10, 2004

OTTAWA -- Security certificates used to detain suspected terrorists like Adil Charkaoui are constitutional, the Federal Court of Appeal ruled Friday.

The three-judge panel upheld the December 2003 decision of Federal Court Justice Simon Noel who said sections of the Immigration and Refugee Protection Act are constitutional.

Charkaoui, 31, has been jailed since May 2003 and has lost three bids for bail.

His lawyers appealed the lower court ruling, arguing among other things that Noel didn't have the jurisdiction to determine the constitutional questions.

"But the appellant has been unable to demonstrate that the procedure for reviewing the reasonableness of the security certificate issued against not meet the requirements of the Charter...," concluded the Court of Appeal in an 89-page ruling.

Authorities want the landed immigrant deported to his native Morocco. His supporters say he faces torture upon his return.

The Canadian government has accused Charkaoui of being a so-called sleeper agent for terrorist group al-Qaida.

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No proof informant was tortured in Harkat case, federal lawyer says

posted on December 09, 2004 | in Category Mohamed Harkat | PermaLink

Source: The Ottawa Citizen Date: December 9, 2004 " Mr. Mathieson suggested the assertions of journalists and 'biased' human rights lawyers do not amount to proof in a courtroom. 'If this were Starbucks,' he told Justice Eleanor Dawson, 'and you ordered a latte, it would be all froth and no caffeine. There is nothing there.' "

Mathieson's choice of the latte analogy speaks volumes about this man's true concerns. And about his humanity. Does he not appreciate the gravity of Mo's situation? At a time when evidence of torture by the U.S. military is mounting Mathieson's position that reports of Zubayda's torture cannot be believed is bizarre. The full Andrew Duffy report is here: [link]

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