The federal government is considering introducing special legal watchdogs into closed court hearings involving suspected terrorists who are being held indefinitely and without trial. The Citizen has learned that the compromise move is being pushed by federal Public Security Minister Anne McLellan in an effort to soften criticism that the secret court process is unfair to defendants and contrary to the principles and traditions of Canada as an open, liberal democracy.The introduction of amicus curiae (friend of the court) will be considered shortly by the federal cabinet along with other measures including an appeal mechanism currently not available to those held under security certificates.

The Martin government's revisiting of the law comes during a period of concern in several countries that security measures, introduced after the Sept. 11, 2001, terrorist attacks in the United States were excessive.

British Prime Minister Tony Blair suffered the first parliamentary defeat of his tenure last week when MPs voted against his proposal to introduce stiffer anti-terrorist legislation that would have allowed authorities to hold suspects for 90 days without trial or charge. The legislation was drafted after the deadly terrorist attacks on the London transportation system in July.

Members of the U.S. Congress are voicing similar concerns over the post-9/11 Patriot Act, and in Australia, the government of John Howard has been accused by civil liberties groups and the media of using the terrorist threat to curtail basic freedoms.

In Canada, the role of the proposed watchdog will be similar to that introduced last year by the inquiry into the arrest and deportation of Ottawa resident Maher Arar, one of a few Syrian-Canadians who were held in Syrian jails and say they were tortured.

Justice Dennis O'Connor, who is leading the Arar inquiry, appointed former federal cabinet minister Ron Atkey to examine the legitimacy of government requests that key evidence should be heard in secret to protect national security.

Under the new proposals, defence lawyers and defendants will still not be allowed to see secret evidence, or be allowed to know its source, but the court watchdog will be able to give defence teams assurances that the government is not simply acting on a whim when it asks for secrecy.

With a federal election looming, the Martin government is also keen to deflect criticism similar to that currently mounting in other countries.

Lawyers in the federal Justice Department are said to be less than enthusiastic about the proposal because they fear it will set a precedent that ultimately will complicate other proceedings, such as immigration hearings.

Ms. McLellan, who has vigorously defended the use of security certificates to hold non-Canadian terrorism suspects, will appear with Justice Minister Irwin Cotler at a special Senate committee on the federal Anti Terrorism Act this afternoon and at another House of Commons committee hearing on Wednesday.

The amicus curiae would likely act as a bridge between the two sides, acting to assure the defence that there is good reason, or not, for evidence or sources of evidence to be kept secret.

In Britain, a group of advocates has special security clearance to represent foreign nationals detained without trial, but there has been increasing unease among the group over the draconian nature of British legislation. The advocates have complained that once they have been allowed to see special intelligence documents, they have been blocked from speaking with detainees.

High-profile British special advocate Ian MacDonald quit last year in protest, urging the government to restore proper trials by jury with open accusations in an open trial setting. "The reason why I am resigning is because I fundamentally disagree with locking people up without any trial for an indefinite period on reasonable suspicion," said Mr. MacDonald.

"The current legal system is certainly having a very adverse effect on the Muslim community in Britain and the whole Asian community. It is giving Britain a bad name internationally."

There are currently six known Canadian cases that would be affected by the changes. Four of the suspects remain in custody and two have been released on bail.

© The Ottawa Citizen 2005