C-3 passes with contention

posted on February 18, 2008 | in Category Security Certificates | PermaLink

By Max Halparin Source: The McGill Daily URL: [link] Date: February 18, 2008 Harper delayed introducing bill, then rammed it through Parliament.

Despite voicing strong reservations regarding the constitutionality of the revised security certificate legislation, Bill C-3, Canada’s Senate approved the bill Tuesday, leaving just the ceremonial procedure left before it becomes law. Advocacy groups and security certificate detainees were shocked that the bill was rushed through without substantial amendments. “It’s enraging that it not only got through [the House of Commons] with just a few minimal, really meaningless changes, and then pushed through Senate with barely even a gesture into making it a legitimate-looking process,” said Mary Foster, a spokesperson for the support group Coalition Justice for Adil Charkaoui, who attended the Senate hearings.

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Justice Dawson's Decision regarding the Breach of Bail Conditions

posted on February 18, 2008 | in Category Mohamed Harkat | PermaLink

By "C. Ailes"
Source: fwd'ed to Harkat email List (Riseup.net)
URL: N/A
Date: February 18, 2008

Here is the summary of today Federal court decision.

You will find the order at: [link]

and the reasons at: [link]

" IN THE MATTER OF Mohamed Harkat v. The Minister of Citizenship and Immigration and The Minister of Public Safety and Emergency Preparedness

Summary:

The Court conducted a hearing regarding two motions. The first concerned the request of the Ministers that Mr. Harkat be incarcerated, that monies paid into Court under the release order be paid to Her Majesty, and that certain of the performance bonds executed pursuant to the terms of the release order, as amended, be forfeited to Her Majesty because Mr. Harkat breached the terms of the release order.

The second motion concerned the request of Mr. Harkat that the terms and conditions of the release order be varied.

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URGENT: Call Governor General, Demand she REFUSE Royal Assent of C-3

posted on February 16, 2008 | in Category | PermaLink

By "TASC" - tasc at web dot ca
Source: The Campaign To Stop Secret Trials In Canada
URL: N/A
Date: February 13, 2008


(Please forward far and wide)

Urgent Action to stop secret trials in Canada and end two-tier justice and deportations to torture

Call and Write Governor General Michaëlle Jean: Demand that She Refuse Royal Assent to Secret Trials Bill

Phone: (800) 465-6890 (Toll-free in Canada and the United States)
Ottawa and area: (613) 993-8200
Fax: (613) 998-8760
email: [email]

BRIEF BACKGROUND AND ACTION ITEM

February 12, 2008 -- Following the shameful passage last week in the House of Commons of a new bill that will perpetuate secret trials, two tier justice, indefinite detention without charge, draconian house arrest control orders, and deportation to torture (thanks in large part to Liberal Party cheerleading), the legislation then rapidly moved to the chamber of "sober second thought," the Senate of Canada.

Yet after hearing from eight hours of witnesses on Monday who unanimously informed a special Senate committee that the secret trials legislation was a human rights disaster that would not survive a court challenge and would condemn the secret trial five, their families, and their communities to many more years of fear and misery, the Liberal-dominated Senate acted more like the chamber of thoughtless, drunken irresponsibility and rushed the bill through on Tuesday, sending it on to the third and final piece of Canada's Parliament, the office of Governor General Michaëlle Jean.

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CSIS's use of information obtained under torture

posted on February 16, 2008 | in Category Mohamed Harkat | PermaLink

Source: The Canadian Press
URL: N/A
Date: February 13, 2008


OTTAWA - An investigation by the watchdog over the Canadian Security Intelligence Service concludes the spy agency "uses information obtained by torture" - perhaps its bluntest assessment of CSIS's intelligence-gathering practices to date.

The Security Intelligence Review Committee, which began looking into the issue two years ago, stops short of accepting Toronto lawyer Paul Copeland's assertion that CSIS had shown a "total lack of concern" about evidence possibly gathered through coercive means.

But it finds that CSIS's concern has focused on the impact that torture might have on the reliability of information it uses, rather than obligations under the Charter of Rights, the Criminal Code and
international treaties "that absolutely reject torture."

Questions about Canadian reliance on information extracted from suspected terrorists through brutal methods have arisen in several high-profile cases.

[ Read the rest ... ]

Minister Day Announces Passing of Legislation to Improve the Security Certificate Process

posted on February 15, 2008 | in Category Security Certificates | PermaLink

By Press Release
Source: The Government of Canada
URL: [link]
Date: February 14, 2008


OTTAWA, ONTARIO--(Marketwire - Feb. 14, 2008) - The Honourable Stockwell Day, Minister of Public Safety, announced that the Senate has passed Bill C-3, which is legislation that amends the security certificate process under the Immigration and Refugee Protection Act (IRPA).

"We introduced this legislation to maintain the use of security certificates and protect Canadians from threats, but also to strengthen the rights of those arrested under a security certificate," said Minister Day. "Now that this legislation has passed, security certificates - which would never apply to Canadian citizens - will continue to be used to arrest and deport foreign citizens who pose a threat to national security, and at the same time will respect individual rights and freedoms."

This legislation introduces a number of new measures to the process to address the Supreme Court of Canada's ruling in February 2007, including the introduction of special advocates. Special advocates - who will be qualified lawyers - will protect the interests and rights of individuals who are subject to security certificates, ensuring they are adequately represented during closed proceedings.

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Security bill may prove time-waster

posted on February 14, 2008 | in Category Security Certificates | PermaLink

By Thomas Walkom
Source: The Toronto Star
URL: [link]
Date: February 14, 2008


Hassan Almrei has been in jail in Canada for more than six years although he's never been charged with any crime. Mohamed Harkat, another man never charged with a crime, was finally granted a particularly rigorous form of conditional release after four years in detention. Surveillance cameras installed in and around his home monitor everything he and his Canadian-born wife do; family members who visit must obtain government permission; in the few instances when he is allowed outside, armed agents escort him everywhere – even to the washroom.

Two weeks ago, when the government learned that Harkat's mother-in-law was no longer living at his home, agents swooped in, arrested him in the shower and bundled him off to jail (a judge eventually sent him home).

[ Read the rest ... ]

Spy watchdog fingers CSIS on torture data

posted on February 14, 2008 | in Category CSIS | PermaLink

By Jim Bronskill (CP)
Source: The London Free Press
URL: [link]
Date: February 13, 2008

Csis

OTTAWA -- An investigation by the watchdog over the Canadian Security Intelligence Service concludes the spy agency "uses information obtained by torture" -- perhaps its bluntest assessment of CSIS's intelligence-gathering practices to date.

The Security Intelligence Review Committee, which began looking into the issue two years ago, stops short of accepting Toronto lawyer Paul Copeland's assertion CSIS had shown a "total lack of concern" about evidence possibly gathered through coercive means.

But it finds that CSIS's concern has focused on the impact torture might have on the reliability of information it uses, rather than obligations under the Charter of Rights, the Criminal Code and international treaties "that absolutely reject torture."

[ Read the rest ... ]

Confirmation: Bill C-3 adopted

posted on February 14, 2008 | in Category | PermaLink

By Mary Foster
Source: secrettrials-org Email List
URL: N/A
Date: February 13, 2008
Subject:

the debate and vote are reported at: [link]

under the heading 'Immigration and Refugee Protection Act', 'Third Reading'

Senate debate on Bill C-3, February 12th ( from Hansard)

posted on February 14, 2008 | in Category | PermaLink

Source: fwd'ed to secrettrials-org Enail List
URL: N/A
Date: February 13, 2008


Immigration and Refugee Protection Act
Bill to Amend—Report of Committee

Leave having been given to revert to Reports of Committees:

Hon. David P. Smith, Chair of the Special Senate Committee on Anti-terrorism, presented the following report:

Tuesday, February 12, 2008

The Special Senate Committee on Anti-terrorism has the honour to present its

SECOND REPORT

Your committee, to which was referred Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act, has, in obedience to the order of reference of Thursday, February 7, 2008, examined the said Bill and now reports the same without amendment.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

DAVID P. SMITH Chair

OBSERVATIONS to the Second Report of the Special Senate Committee on Anti-terrorism

Recognizing the impending February 23, 2008 deadline imposed by the Supreme Court of Canada for Parliament to rectify the unconstitutionality of the existing security certificate procedure, the Special Senate Committee on Anti-terrorism is adopting Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act, without amendment.

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Rushing injustice through the Senate

posted on February 14, 2008 | in Category | PermaLink

By Maude Barlow, Roch Tassé & Sameer Zuberi
Source: The Toronto Star
URL: [link]
Date: February 13, 2008

With the support of the Liberals, the Harper government is trying to rush a bill through the Senate that would put security certificates back into Canada's anti-terror lexicon as a legitimate means of apprehending and deporting people suspected of being threats to national security.

The security certificate is a citizenship and immigration process that was deemed unconstitutional by the Supreme Court of Canada on Feb. 23, 2007, because it involves secret hearings and because it denies the suspects the ability to know and to meet the cases against them. At the time of the ruling, five Muslim men had been in detention, or under house arrest, without charge for a combined 26 years.

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