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.

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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.

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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.

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Source: Le Droit URL: [link] Date: 15 décembre 2008 Les proches et les supporteurs de Mohamed Harkat se disent de plus en plus inquiets que le gouvernement canadien signe prochainement son mandat d'expulsion.

Quelques heures avant que le résidant d'Ottawa ne comparaisse aujourd'hui devant la Cour fédérale, pour demander une révision de ses conditions de détention, un juge tiendra une audience à huis clos où d'autres éléments de preuve pourraient être déposés contre lui. En 2002, Mohamed Harkat a été identifié par le Service canadien du renseignement spécialisé (SCRS) comme un agent dormant du réseau terroriste Al-Qaïda. Le Canadien d'origine algérienne est depuis visé par un certificat de sécurité. Il doit notamment demeurer en résidence surveillée avec son épouse Sophie, porter un émetteur GPS en tout temps et s'assurer que tous ses interlocuteurs sont connus de l'Agence des services frontaliers du Canada. «Il n'y a aucun chef d'accusation contre M. Harkat. Tout repose sur des allégations du SCRS», affirme Christian Legeais, porte-parole du comité Justice pour Mohamed Harkat.

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-- Author and researcher Mike Larsen has offered us a sneak preview of an article he wrote for The Journal of Prisoners on Prisons titled "Justice in Tiers: Security Certificate Detention in Canada". It was co-authored with Sophie Harkat and Mohamed Harkat. It is in PDF format, and you can download it from our Downloads Section HERE. Thanks Mike.

-- New in our Downloads Section:

Radio Interview with Mary Foster, Mike Larsen (Nov 2008)

A portion of the CKUT Radio program "The Friday Morning After Show" hosted by Tariq Jeeroburkhan. Tariq speaks with Mary Foster of "The Coalition Justice for Adil Charkaoui" and Mike Larsen a researcher from the York Centre for International and Security Studies who did a study about the financial costs of the surveillance aspects of the security certificate process. (November 28, 2008. MP3 format. 26 min.)

by "Justice for Adil" Source: Coalition Justice pour Adil Charkaoui URL: [link] Date: November19, 2008 It has been a long time since we sent an update on Adil Charkaoui's struggle to clear his name. Much has happened in all five security certificate cases in the past months, while in the next few months, we expect to see decisions which could decide the fates of the secret trial five and their families. For the individuals and families imprisoned in this indefinite nightmare, it continues to be devastating; a burden that is extremely difficult to carry alone. We hope you can respond to the call for solidarity at the end of this message. This message is long but it is in the details that you can get a full sense of what is going on. --------------------------------- SHOW YOUR SOLIDARITY: --> Organizations: Join Federal Court Watch to help hold the Federal Court to a reasonable standard of fairness. More information: [link] --> Individuals: Take an hour or two to come out to the court hearings in solidarity with the Charkaoui family. Even an hour will mean a lot!! Hearings scheduled from 24 to 28 November; and from 8 to 19 December. But check for updates: [link] --> All: Join the cross-Canada day of action against these secret rendition hearings on 10 December, international human rights day. **More ways of getting involved and details below.** --------------------------------- The Dance of Disclosure

On learning in February 2007 that the Supreme Court considered the security certificate process to be unconstitutional, the Canadian government adopted an "add and shake well" approach: add special advocate, shake thoroughly (especially the victims), and continue as though everything is fine. Disturbingly, this attitude seems to be shared by the Federal Court of Canada, an institution that has failed to wake up to the fact that it has been applying an illegal law for years.

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by Mike Larsen (York Centre for International and Security Studies)
Source: The Globe and Mail
URL: [link]
Date: November 19, 2008

Toronto -- I am disappointed that The Globe takes the position that the appropriate alternative to the expense of Mohamed Harkat's bail supervision is to deport him to Algeria, under the cover of diplomatic assurances.

Let's be clear about what we're talking about here. Security certificates allow for arrest without charge, detention without trial, and round-the-clock invasive surveillance.

Even if they operated swiftly and cheaply, they would still be a black mark against Canada's human-rights record. Certificates represent an unjust, immoral and (a distant third) expensive approach to security.

If The Globe is worried about these things, the solution is not to adopt an "out of sight, out of mind" model of swift deportation. Rather, the solution, if we aspire to be a just society, is to abolish security certificates, and adhere to a single legal standard for all persons.

© Copyright 2008 CTVglobemedia Publishing Inc. All Rights Reserved.

by Robert Diab (author, Guantanamo North: Terrorism and the Administration of Justice)
Source: The Globe and Mail
URL: [link]
Date: November 19, 2008


North Vancouver -- The problem of what to do with Mohamed Harkat and other suspected terrorists isn't easy (The Costliest Way Is Not The Only Way - editorial, Nov. 18). But what you propose is absurd. Would you want to be deported to a country that "on balance" may or may not torture you?

While the U.S. and China give assurances in death-penalty extraditions, the U.S. is not Syria and China has a lot more at stake in relations with Canada than does Algeria. Your logic would have Canada trade away its commitment to avoiding torture so as to improve the bottom line.

© Copyright 2008 CTVglobemedia Publishing Inc. All Rights Reserved.

by News Release Source: The American Civil Liberties Union (ACLU) URL: [link] Date: November 18, 2008 FOR IMMEDIATE RELEASE November 18, 2008 Controversial “Diplomatic Assurances” Revealed For The First Time In Records Obtained By ACLU And Columbia Law School’s Human Rights Clinic

NEW YORK – The American Civil Liberties Union and Columbia Law School's Human Rights Clinic released documents today revealing for the first time details of the U.S. government’s process for transferring individuals to countries where they face a significant risk of being tortured. The documents, which were uncovered as the result of a Freedom of Information Act (FOIA) request by the two organizations, shed new light on the fundamentally flawed practice of “diplomatic assurances” or secret promises obtained from foreign governments that they will not torture the returned individuals. “The United States' practice of relying on deeply flawed diplomatic assurances makes a mockery of our obligations under the Convention Against Torture,” said Judy Rabinovitz, Deputy Director of the ACLU Immigrants' Rights Project. “Now that President-elect Obama has pledged to end torture, it is a perfect time to put a stop to policies that permit the transfer of individuals facing torture in foreign countries. Our government should stop trusting such inherently unreliable assurances and immediately disclose all remaining records relating to this practice.” The documents released today include copies of actual diplomatic assurances – the first ever to be made public. The U.S. government has repeatedly insisted that the assurances must remain secret.

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