Source: CBC News
URL: [link]
Date: December 23, 2008
News on BillC-3 from one year ago
I found this Julie Van Dusen (CBC) report posted on Youtube.com. It's an old one, from October 2007 when the conservative government first introduced Bill C-3. It had not been rammed through the legislature just yet.
VIDEO: CBC News on Bill C-3 from last year
posted on December 24, 2008 | in Category Security Certificates | PermaLinkSolicitor-client privilege at issue in Harkat hearing
posted on December 23, 2008 | in Category Mohamed Harkat | PermaLink
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: December 16, 2008
The issue of solicitor-client privilege took centre stage in Federal Court yesterday when it was revealed that Canada's spy agency has intercepted conversations between accused terrorist Mohamed Harkat and his lawyers.
Mr. Harkat, 40, has been living under strict bail conditions in Ottawa for more than two years. He has asked a Federal Court judge to soften those conditions.
Under terms of his June 2006 bail, Mr. Harkat must wear a GPS monitor and be in the presence of a supervising surety inside and outside his home. His mail is intercepted and his telephone is tapped.
The Canadian Security Intelligence Service (CSIS) intercepts all conversations conducted on Mr. Harkat's home phone and turns over recordings to Canada Border Services Agency, the federal agency responsible for monitoring Mr. Harkat's bail.
Court heard yesterday that a conversation between Mr. Harkat and one of his lawyers was listened to in its entirety by a border services official working in a regional office, in breach of an unwritten policy that requires border services officials to respect solicitor-client privilege.
Elizabeth Snow, manager of the agency's counter-terrorism unit, testified that analysts who listen to the CSIS recordings are instructed to "disengage" as soon as it's clear that Mr. Harkat is speaking with someone from his legal team.
That directive, she said, is not part of a policy manual or set out in any written guidelines.
She did not know why the phone call at issue was listened to by a border agent, Ms. Snow said, because it happened in a regional office, rather than at the agency's Ottawa headquarters.
Ms. Snow told the court that all of the phone calls placed on Mr. Harkat's home phone -- whether placed by him, his wife, Sophie, or a visitor -- are monitored for breaches of his bail conditions.
[ Read the rest ... ]
Source: The Ottawa Citizen
URL: [link]
Date: December 16, 2008
The issue of solicitor-client privilege took centre stage in Federal Court yesterday when it was revealed that Canada's spy agency has intercepted conversations between accused terrorist Mohamed Harkat and his lawyers.
Mr. Harkat, 40, has been living under strict bail conditions in Ottawa for more than two years. He has asked a Federal Court judge to soften those conditions.
Under terms of his June 2006 bail, Mr. Harkat must wear a GPS monitor and be in the presence of a supervising surety inside and outside his home. His mail is intercepted and his telephone is tapped.
The Canadian Security Intelligence Service (CSIS) intercepts all conversations conducted on Mr. Harkat's home phone and turns over recordings to Canada Border Services Agency, the federal agency responsible for monitoring Mr. Harkat's bail.
Court heard yesterday that a conversation between Mr. Harkat and one of his lawyers was listened to in its entirety by a border services official working in a regional office, in breach of an unwritten policy that requires border services officials to respect solicitor-client privilege.
Elizabeth Snow, manager of the agency's counter-terrorism unit, testified that analysts who listen to the CSIS recordings are instructed to "disengage" as soon as it's clear that Mr. Harkat is speaking with someone from his legal team.
That directive, she said, is not part of a policy manual or set out in any written guidelines.
She did not know why the phone call at issue was listened to by a border agent, Ms. Snow said, because it happened in a regional office, rather than at the agency's Ottawa headquarters.
Ms. Snow told the court that all of the phone calls placed on Mr. Harkat's home phone -- whether placed by him, his wife, Sophie, or a visitor -- are monitored for breaches of his bail conditions.
[ Read the rest ... ]
Lawyers ask if CSIS is listening in
posted on December 21, 2008 | in Category CSIS | PermaLink
by Isabel Teotonio
Source: The Toronto Star
URL: [link]
Date: December 20, 2008
Defence counsel in the high-profile terror case of the Toronto 18 are concerned conversations with their clients are being monitored after it was revealed this week that Canada's spy agency had been intercepting the calls between another terror suspect and his lawyers.
"How can we trust that the system is working appropriately?" asked Dennis Edney, who represents the ringleader of an alleged homegrown terror cell that was arrested in the summer of 2006.
"Every lawyer in this country who's involved in issues of national security has no way of knowing whether (the Canadian Security Intelligence Service) is monitoring their calls," he said yesterday.
Edney's comments came after he wrote to the Public Prosecution Service of Canada asking it to determine if CSIS has monitored conversations between the 10 terror suspects and their lawyers.
[ Read the rest ... ]
Source: The Toronto Star
URL: [link]
Date: December 20, 2008
Defence counsel in the high-profile terror case of the Toronto 18 are concerned conversations with their clients are being monitored after it was revealed this week that Canada's spy agency had been intercepting the calls between another terror suspect and his lawyers.
"How can we trust that the system is working appropriately?" asked Dennis Edney, who represents the ringleader of an alleged homegrown terror cell that was arrested in the summer of 2006.
"Every lawyer in this country who's involved in issues of national security has no way of knowing whether (the Canadian Security Intelligence Service) is monitoring their calls," he said yesterday.
Edney's comments came after he wrote to the Public Prosecution Service of Canada asking it to determine if CSIS has monitored conversations between the 10 terror suspects and their lawyers.
[ Read the rest ... ]
Seething lawyers demand answers over spy agency phone tapping
posted on December 20, 2008 | in Category Security Certificates | PermaLink
by newswire (?)
Source: The Sault Star
URL: [link]
Date: December 19, 2008
TORONTO — Lawyers still seething after learning Canada's spy agency had been listening to their phone calls with their suspected terrorist clients were demanding answers from the government Friday along with assurances the practice would cease in three other cases.
In addition, they demanded to know on an "urgent basis" how the government planned to destroy records of already intercepted calls.
"We have no explanation yet but I am not finished with this," said lawyer Marlys Edwardh.
Edwardh, who along with Barb Jackman represents Mohammad Mahjoub, said she was "just apoplectic" when she discovered the Canadian Security Intelligence Service had been listening in on their calls with their client.
The information emerged publicly Thursday when Federal Court Judge Carolyn Layden-Stevenson released information supplied at a secret hearing by a senior spy-service agent.
[ Read the rest ... ]
Source: The Sault Star
URL: [link]
Date: December 19, 2008
TORONTO — Lawyers still seething after learning Canada's spy agency had been listening to their phone calls with their suspected terrorist clients were demanding answers from the government Friday along with assurances the practice would cease in three other cases.
In addition, they demanded to know on an "urgent basis" how the government planned to destroy records of already intercepted calls.
"We have no explanation yet but I am not finished with this," said lawyer Marlys Edwardh.
Edwardh, who along with Barb Jackman represents Mohammad Mahjoub, said she was "just apoplectic" when she discovered the Canadian Security Intelligence Service had been listening in on their calls with their client.
The information emerged publicly Thursday when Federal Court Judge Carolyn Layden-Stevenson released information supplied at a secret hearing by a senior spy-service agent.
[ Read the rest ... ]
Lawyers furious that spy agency listening to calls with terror suspects
posted on December 19, 2008 | in Category Security Certificates | PermaLink
by Colin Perkel
Source: The Canadian Press
URL: [link]
Date: December 18, 2008
TORONTO - Lawyers defending terrorism suspects expressed outrage Thursday that Canada's spy agency has been listening in on their telephone conversations with their clients.
Court documents show the Canadian Security Intelligence Service has been monitoring the calls to ensure the suspects don't breach stringent bail conditions. "I was flabbergasted when I was informed," said Matt Webber, an Ottawa lawyer for Mohamed Harkat, a suspected Algerian terrorist released from custody in May 2006.
"My client's consent never for a moment contemplated the invasion of solicitor-client privilege."
Federal Court Judge Carolyn Layden-Stevenson publicly released information about the wiretapping in a Toronto court Thursday.
"The CSIS analyst ... listens to all intercepted communications, including solicitor-client communications if any," Layden-Stevenson wrote.
Her summary pertains to phone tapping that occurred in the case of Mohammad Mahjoub, an Egyptian detained as a threat to public safety because of his alleged ties to al-Qaida.
[ Read the rest ... ]
Source: The Canadian Press
URL: [link]
Date: December 18, 2008
TORONTO - Lawyers defending terrorism suspects expressed outrage Thursday that Canada's spy agency has been listening in on their telephone conversations with their clients.
Court documents show the Canadian Security Intelligence Service has been monitoring the calls to ensure the suspects don't breach stringent bail conditions. "I was flabbergasted when I was informed," said Matt Webber, an Ottawa lawyer for Mohamed Harkat, a suspected Algerian terrorist released from custody in May 2006.
"My client's consent never for a moment contemplated the invasion of solicitor-client privilege."
Federal Court Judge Carolyn Layden-Stevenson publicly released information about the wiretapping in a Toronto court Thursday.
"The CSIS analyst ... listens to all intercepted communications, including solicitor-client communications if any," Layden-Stevenson wrote.
Her summary pertains to phone tapping that occurred in the case of Mohammad Mahjoub, an Egyptian detained as a threat to public safety because of his alleged ties to al-Qaida.
[ Read the rest ... ]
CSIS taping conversations between lawyers, terrorism suspects, judge says
posted on December 19, 2008 | in Category CSIS | PermaLink
by Colin Freeze
Source: The Globe and Mail
URL: [link]
Date: December 18, 2008
CSIS taping conversations between lawyers, terrorism suspects, judge
says
Update: Spies to stop wiretapping lawyers
Canada's spy agency is taping conversations between men held as terrorism suspects and their defence lawyers, according to a Federal Court Judge, who suggests state agents cease such wiretaps and delete the tapes.
Madame Justice Carolyn Layden-Stevenson's written summary of secret evidence released Thursday left defence lawyers saying they were "apoplectic" with rage that hundreds of their conversations had been snooped on, and that one of the most basic and fundamental legal protections, solicitor-client privilege, is being flouted by the government.
Reviewing the case of an Egyptian living under house arrest because he once ran a farming operation for Osama bin Laden, Judge Layden-Stevenson released a summary of secret testimony given by a Canadian Security Intelligence Service agent.
The testimony revealed just how CSIS is helping another federal agency keep tabs on the security-certificate detainee, Mohammad Zeki Mahjoub.
"The CSIS analyst listens to all intercepted communications, including solicitor-client communications, if any, to the extent of being satisfied that the communication does not involve a potential breach of the terms of release of a threat to national-security," the judge's summary reads.
[ Read the rest ... ]
Restrictions on special advocates unfair, judge told by lawyer representing Harkat
posted on December 17, 2008 | in Category Mohamed Harkat | PermaLink
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: December 16, 2008
OTTAWA — A special advocate for accused terrorist Mohamed Harkat says government lawyers hold a “massive advantage” in Canada’s five security certificate cases because of their ability to consult with other federal lawyers.
Paul Cavalluzzo is one of two court-appointed lawyers responsible for protecting Mr. Harkat’s interests during secret evidentiary hearings.
But Mr. Cavalluzzo told Federal Court on Tuesday that restrictions imposed on special advocates make the new security certificate regime unworkable.
Special advocates were created by Parliament after a Supreme Court ruling that said the security certificate process was constitutionally unfair.
There are now seven special advocates working for five men the government wants to deport as terrorists. The special advocates are not allowed to discuss their cases with anyone, including each other.
Mr. Cavalluzzo asked Justice Simon Noel Tuesday to partially lift that gag and allow them to consult with each other on matters of law.
Federal lawyers regularly meet, he said, with colleagues who have full knowledge of all five cases.
[ Read the rest ... ]
Source: The Ottawa Citizen
URL: [link]
Date: December 16, 2008
OTTAWA — A special advocate for accused terrorist Mohamed Harkat says government lawyers hold a “massive advantage” in Canada’s five security certificate cases because of their ability to consult with other federal lawyers.
Paul Cavalluzzo is one of two court-appointed lawyers responsible for protecting Mr. Harkat’s interests during secret evidentiary hearings.
But Mr. Cavalluzzo told Federal Court on Tuesday that restrictions imposed on special advocates make the new security certificate regime unworkable.
Special advocates were created by Parliament after a Supreme Court ruling that said the security certificate process was constitutionally unfair.
There are now seven special advocates working for five men the government wants to deport as terrorists. The special advocates are not allowed to discuss their cases with anyone, including each other.
Mr. Cavalluzzo asked Justice Simon Noel Tuesday to partially lift that gag and allow them to consult with each other on matters of law.
Federal lawyers regularly meet, he said, with colleagues who have full knowledge of all five cases.
[ Read the rest ... ]
Special advocate rules aren't working, Harkat's lawyer argues
posted on December 16, 2008 | in Category Mohamed Harkat | PermaLink
Source: Canada.com , Canwest News Service
URL: [link]
Date: December 16, 2008
[PHOTO: Mohamed Harkat, 40, has been living under strict bail conditions in Ottawa for more than two years. He stands accused by the federal government of being an al-Qaida sleeper agent.]
OTTAWA - A special advocate for accused terrorist Mohamed Harkat says government lawyers hold a "massive advantage" in Canada's five security certificate cases by virtue of their ability to consult with other government lawyers on common legal issues.
As one of two special advocates in the Harkat case, lawyer Paul Cavalluzzo is responsible for protecting Harkat's interests during secret evidentiary hearings, but Cavalluzzo told Federal Court Tuesday that restrictive rules imposed on special advocates make the new security certificate regime unworkable.
[ Read the rest ... ]
URL: [link]
Date: December 16, 2008
[PHOTO: Mohamed Harkat, 40, has been living under strict bail conditions in Ottawa for more than two years. He stands accused by the federal government of being an al-Qaida sleeper agent.]
OTTAWA - A special advocate for accused terrorist Mohamed Harkat says government lawyers hold a "massive advantage" in Canada's five security certificate cases by virtue of their ability to consult with other government lawyers on common legal issues.
As one of two special advocates in the Harkat case, lawyer Paul Cavalluzzo is responsible for protecting Harkat's interests during secret evidentiary hearings, but Cavalluzzo told Federal Court Tuesday that restrictive rules imposed on special advocates make the new security certificate regime unworkable.
[ Read the rest ... ]
One hand tied behind his back says Harkat lawyer
posted on December 16, 2008 | in Category Mohamed Harkat | PermaLink
by Jim Brown
Source: The Canadian Press / Google.com
URL: [link]
Date: December 16, 2008
OTTAWA — A lawyer appointed to ensure that accused terrorist Mohamed Harkat gets a fair hearing says he’s fighting with one hand tied behind his back because of gag rules that apply to his job.
Paul Cavalluzzo argued in Federal Court on Tuesday that he needs to be able to consult with colleagues handling similar cases to come up with a co-ordinated legal strategy.
“We feel there should be discussions in a collegial and collaborative way,” Cavalluzzo told Justice Simon Noel.
But the federal government retorted that letting the lawyers talk to each other could pose an “unacceptable risk” that sensitive national security information would leak out.
“To put people in a common room to discuss their cases raises the possibility of unauthorized disclosure,” said federal lawyer David Tyndale.
The dispute raises fundamental questions about the role of so-called special advocates — security-cleared lawyers assigned to review secret intelligence gathered against terrorist suspects.
[ Read the rest ... ]
Source: The Canadian Press / Google.com
URL: [link]
Date: December 16, 2008
OTTAWA — A lawyer appointed to ensure that accused terrorist Mohamed Harkat gets a fair hearing says he’s fighting with one hand tied behind his back because of gag rules that apply to his job.
Paul Cavalluzzo argued in Federal Court on Tuesday that he needs to be able to consult with colleagues handling similar cases to come up with a co-ordinated legal strategy.
“We feel there should be discussions in a collegial and collaborative way,” Cavalluzzo told Justice Simon Noel.
But the federal government retorted that letting the lawyers talk to each other could pose an “unacceptable risk” that sensitive national security information would leak out.
“To put people in a common room to discuss their cases raises the possibility of unauthorized disclosure,” said federal lawyer David Tyndale.
The dispute raises fundamental questions about the role of so-called special advocates — security-cleared lawyers assigned to review secret intelligence gathered against terrorist suspects.
[ Read the rest ... ]
[DEC 16, OTTAWA] Mohamed Harkat court proceedings continue, please come out
posted on December 16, 2008 | in Category Mohamed Harkat | PermaLink
by Sophie Harkat
Source: Justice for Mohamed Harkat Email List
URL: [link]
Date: December 15, 2008
Please forward
Please fill the courtroom on Tuesday, December 16th.
Security Certificate Detainee Mohamed Harkat Back in Court for the Continuation of Second Reasonableness Hearing and Review of Conditions
On Tuesday, December 16, 2008 at 9:30am court continues, Security Certificate detainee Mohamed Harkat is back before the Federal Court court for a review of conditions at the Supreme Court of Canada building (Wellington Street) in West courtroom.
Secret hearings took place on Monday !
"If the government has its way, Mohamed Harkat and the other four men held under a security certificates will be deported as soon as possible," says Christian Legeais of the Justice for Mohamed Harkat Committee. "We must stop secret trials in Canada, deportation to torture and abolish the security certificate process that was found unconstitutional."
Six years ago, on December 10th, 2002, Mohamed Harkat was arrested under a Security Certificate without ever being charged or seeing the evidence against him. CSIS claims Mohamed is a security threat and cannot show any evidence in order to protect national security. Mohamed spent 43 months in detention without charge, including at the Guantanamo North prison in the Kingston area.
[ Read the rest ... ]
