By Elizabeth Whitmore Source: Harkatjustice Email List URL: N/A Date: February 7, 2008 Subject: Security Bill C-3

Dear Members of the Senate Committee on Anti-Terrorism, I am writing to express my concern about Bill C-3 and urge you to reject the proposed bill as it is now written. My reasons for opposing this bill are: - It is unacceptable, in Canada, to arrest people without charge and to hold them indefinitely, with evidence being secret so that the accused has no access to due process or opportunity to refute the evidence. This may occur in countries that do not have a fair and open justice system, but Canada claims to have a legal system that is consistent with our most basic democratic rights. - We must not succomb to the politics of fear. These politics were (and are still being) used in the U.S. (and now in Canada) to erode our basic rights as citizens in a democratic country. If those rights are taken away from some, they are taken away from all of us. Whether or not the men now being held as suspected terrorists are Canadian citizens is not a valid excuse for depriving them of legal rights. The politics of fear got the U.S. into the disasterous war in Iraq, so the consequences of using fear are obvious to all. - If there is a valid case against the men now being held, then it should be able to stand up in an open court of law. The fact that the evidence is kept secret suggests that it could not stand up under such circumstances. Witness the Maher Arar case. If the case is valid, then it will withstand open scrutiny. - The current 'amendment' to the Security Bill, adding a third party who would supposedly view the evidence from an objective view, does not address the basic issues of legal rights to a fair and open trial for the accused. It is a weak attempt to justify holding suspects indefinitely on the basis of secret evidence. I urge you to reject this bill. Sincerely, Elizabeth Whitmore, PhD Ottawa

By: Angela Mooney Source: Harkat Email List (CUPE) Date: February 7, 2008 Adam Thompson, Committee Clerk Special Senate Committee on Anti-terrorism The Senate of Canada Ottawa, Ontario Canada, K1A 0A4 Fax. 613-990-1101 Email: [email] Thursday February 7th 2008 Attention: Adam Thompson, Committee Clerk and the Special Senate Committee on Anti-Terrorism, I am writing to apply for an opportunity to speak to the Senate about why the Security Certificate process proposed to be continued through Bill C-3 is completely incompatible with fundamental principles of justice. The Security Certificate process targets non-citizens and puts them at risk of detention for long periods of time without charges being laid. This is a perfect example of two-tiered justice with one process existing for citizens and another existing for non-citizens. This unjust process is an example of Canada violating both its own Charter of Rights and Freedom (as found by the Supreme Court of Canada) and international human rights, particularly the International Covenant on Civil and Political Rights. Amnesty International writes: (…)the security certificate process falls far short of international standards for fair trials and may result in arbitrary detention and violation of the right to liberty. Detainees are effectively denied their right to prepare a defence and mount a meaningful challenge to the lawfulness of their detention. The right to appeal is also denied. This lack of due process has further grave consequences given that security certificates are frequently applied in cases where the likely outcome is deportation to a country where the person is at serious risk of torture and other human rights violations. [link]


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Source: email fwd
Date: February 8, 2008


To: Adam Thompson, Committee Clerk
Special Senate Committee on Anti-terrorism
The Senate of Canada
Ottawa, Ontario Canada, K1A 0A4
Fax. 613-990-1101
Email: [email]

Thursday, February 07, 2008

Mr. Thompson:

As a Canadian resident and citizen, I feel it is my obligation and my privilege to stay abreast of current developments within the political realm. Having followed the progress, or rather lack of progress, of Security Certificates, I feel I cannot sit idly by without properly voicing my concerns with Bill C-3. I request the opportunity to be heard by the Senate Committee on this very important issue.

My concern with Security Certificates, and their reformed bill C-3, is supported. Amnesty International has described this process as "fundamentally flawed and unfair." In February of last year, the Supreme Court of Canada ruled that security certificates were unconstitutional. The process of Security Certificates is unjust and in direct violation of the Charter of Rights and Freedoms. Those arrested under the auspices of the Security Certificate can be imprisoned indefinitely without charges on unrevealed evidence.

While Bill C-3 has been presented as a reform of the previous Security Certificates legislation, it perpetuates the same injustices. As a Canadian and as someone who believes in a fair and just Canada, I find grave injustice with the process of indefinite detention without charge, draconian house arrest, deportations to torture, and secret trials.

Within the democratic system of this nation, I request that my right as a citizen to be heard is permitted.

Yours Sincerely,

Miranda Dyck

By Meagan Fitzpatrick Source: The Ottawa Citizen URL: [link] Date: February 12, 2008 Using special advocates is best approach possible, public safety minister says Public Safety Minister Stockwell Day says he has a high degree of confidence in the new security certificate bill.

Public Safety Minister Stockwell Day said yesterday that changes to Canada's controversial security certificate law have made it the most effective legislation of its kind in the world. "In our opinion, we think it's a very clear process, one that is better than what was in place before and we followed up on the concerns of the Supreme Court. Obviously some individuals agree with us and some don't," Mr. Day told the Senate committee that is studying Bill C-3. "But I have not seen any other system in the world, in my opinion, that is more effective, and that puts the individual's concerns first." The bill was passed by the House of Commons last week and the Senate is now fast-tracking its review of the legislation because the existing security certificate law expires on Feb. 23, as ordered by the Supreme Court of Canada. In a 2007 decision, the court struck down provisions of the security certificate system -- an immigration measure that lets authorities detain and deport non-citizens considered national security threats -- and gave the federal government one year to come up with a new law.

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By Omar El Akkad
Source: The Globe and Mail
URL: [link]
Date: February 12, 2008


OTTAWA — With just a few weeks to go before a Supreme Court-imposed deadline effectively crushes the current security-certificate program, Public Safety Minister Stockwell Day yesterday urged that a new version of the law be passed, even though he said he fully believes the new law will also face a court challenge.

"We do think it will be challenged" regardless of the wording of the new law, Mr. Day said. "That's why we tried to meet not just the spirit but the letter of the law."

Mr. Day's appearance kicked off a mammoth session by the Senate committee on anti-terrorism. More than 30 groups asked to speak before the committee about Bill C-3, the government's new legislation designed to deal with foreigners deemed to pose a security risk, including alleged terrorists held under security certificates.

The government is racing to have the new law in place before Feb. 23. In 2006, the Supreme Court found that parts of the previous legislation dealing with the same issue violated the Charter of Rights. The court gave the government one year to fix the law, or see the current security certificates expire.


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By Canwest News Service
Source: Canada.com News
URL: [link]
Date: February 09, 2008


Critics of Canada's security certificate law are asking why the Senate is rushing to push through controversial changes to the law, while at the same time refusing to move quickly on another matter, the government's new anti-crime bill.

On Monday a Senate committee will hear testimony from legal experts and others who oppose Bill C-3, the Conservatives' proposed changes to federal security certificate rules, which allow Ottawa to detain and deport non-citizens suspected of being national security threats.

It is the only day of hearings scheduled on the bill by the Senate, where committees normally take several days or weeks to hear witness testimony on new legislation.

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PLEASE FORWARD TO OTTAWA CONTACTS AND POST FILL THE ROOM (see schedule below)...especially when Stockwell Day is speaking and/or the Security Certificates detainees/families Hope to see you there. Thanks for your continued support. Sophie

--- SENATE COMMITTEES DIRECTORATE (REVISED) ANTI-TERRORISM (SPECIAL) NOTICE OF MEETING Monday, February 11, 2008 12 p.m. Room 160-S, Centre Block * Televised Webcast [link] AGENDA 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. APPEARING The Honourable Stockwell Day, P.C., M.P., Minister of Public Safety 12 p.m. - 1 p.m. * WITNESSES 1 p.m. - 2 p.m. Canadian Bar Association Lorne Waldman Tamra Thomson, Director, Legislation and Law Reform As individuals Craig Forcese, University of Ottawa Gordon Cameron 2 p.m. - 3 p.m. Quebec Immigration Lawyers Association Me Johanne Doyon Canadian Auto Workers Witness to follow British Columbia Civil Liberties Association Professor Amir Attarant, University of Ottawa 3 p.m. - 4 p.m. Campaign to Stop Secret Trials in Canada Matthew Behrens Coalition Justice for Adil Charkaoui Witnesses to follow Justice for Mohamed Harkat Committee Christian Legeais, Spokesperson Mohamed Harkat 4 p.m. - 5 p.m. Canadian Muslim Lawyers Association Ziyaad Mia Refugee Lawyers Association of Ontario Raoul Boulakia Arab Canadian Lawyers Association Dania Majid, President Lawyers Rights Watch Canada Paul Copeland 5 p.m. - 6 p.m. Canadian Council on American-Islamic Relations Sameer Zuberi Canadian Arab Federation Mohamed Boudjenane, Director General James Kafieh, Legal Advisor Muslim Council of Montreal Salam Elmenyawi 7 p.m. - 8 p.m. Human Rights Watch Julia Hall Amnesty International Canada Alex Neve, Secretary General International Civil Liberties Monitoring Group Roch Tassé, Coordinator Ligue des droits et libertés Dominique Peschard, President

Source: The Marxist-Leninist daily

LML Numéro 8 - 8 février 2008
[link]
-----------
OTTAWA
Marche contre la loi C-3, les procès secrets, la
détention indéfinie et la déportation vers la torture
Samedi 16 février à 12h30
York et Sussex
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• Non au projet de loi C-3! Luttons pour une
conception moderne des droits!
• Inondez le Sénat de demandes d'intervention sur les
procès secrets! - Communiqué de la Campagne pour la
fin des procès au Canada, la Coalition Justice pour
Adil Charkaoui et le Comité Justice pour Mohamed
Harkat
• Mesures totalement injustifiées contre Mohamed
Harkat - Christian Legeais
• Le discours du gouvernement Harper à propos «graves
dangers pour la société» n'est pas un argument

Continuer ----> [link]

Source: govt websites URL: [link] Date: February 6, 2008 Senate Committee on National Security and Defence

Kenny, Colin Chair - Lib. - (Rideau - Ontario) Tkachuk, David Deputy Chair - C - (Saskatchewan) Banks, Tommy - Lib. - (Alberta) Day, Joseph A. - Lib. - (Saint John-Kennebecasis - New Brunswick) Meighen, Michael A. - C - (St. Marys - Ontario) Mitchell, Grant - Lib. - (Alberta) Moore, Wilfred P. - Lib. - (Stanhope St. / South Shore - Nova Scotia) Nancy Ruth - C - (Cluny - Ontario) Zimmer, Rod A. A. - Lib. - (Manitoba) The Leader of the Government in the Senate, or, in the absence of that Leader, the Deputy Leader of the Government, and the Leader of the Opposition in the Senate, or, in the absence of that Leader, the Deputy Leader of the Opposition, are members ex officio in addition to the number of appointed members, of the Committee of Selection and all select committees of the Senate. LeBreton, Marjory ( or Comeau, Gerald ) Ex-officio C Hervieux-Payette, Céline ( or Tardif, Claudette ) Ex-officio - Lib. For more information, please contact : Clerk: Gaëtane Lemay - 613-993-8968 Clerk: Shaila Anwar - 613-991-0719 Administrative Assistant: Anita Vinette - 613-998-0733 Administrative Assistant: Allison Button - 613-991-0720 General Information: 613-990-0088 or 1-800-267-7362 Fax: (613) 947-2104 Email: [email] Mailing Address: Senate Committee on National Security and Defence The Senate of Canada Ottawa, Ontario Canada K1A 0A4

By Craig Forcese Source: The Globe and Mail (op-ed piece) URL: for subscribers only Date: February 6, 2008 There is a made-in-Canada solution: Follow the SIRC process

Governments make mistakes. Our government made a mistake in telling the United States that Maher Arar was a security threat. Does history repeat itself? Are those individuals subjected to Canada's immigration "security certificates," for example, true security threats, or victims of misplaced suspicions? Only a handful of people can answer this question, because only a handful see the information the government says justifies its concerns. Indeed, even those against whom the certificates have been issued are left to meet an unknown case against them. If they fail to do so, they will be removed from Canada, possibly even to countries that might torture them. If they fight this fate, they are detained or subjected to stringent conditions that may last a lifetime. A year ago, the Supreme Court said this system is unconstitutional in its operation but did not reject the concept as a whole. The fix, for the court, is some approach that gives us more hope that the government's evidence is being carefully probed. Parliament was given a year - until Feb. 23 - to devise this system.

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