A response from Stockwell Day's Parl. Sec and a reply by YayaCanadaposted on December 14, 2007 | in Category Security Certificates | PermaLink
Source: email correspondence with Stockwell Day's Parliamentary Secretary Dave MacKenzie
Date: December 13, 2007
TO: Dave MacKenzie, M.P. Oxford County
Parliamentary Secretary to the Minister of Public Safety
Thanks for the gesture of a reply, but you're parroting Stockwell Day. I already know what he thinks. What do you think? Do you really believe the Security Certificate detainees are "free to leave Canada at any time and return to their country of origin."?
Are you aware of what a racist remark that is? "If you don't like it here, go back where you came from".
I'm seeing plenty of evidence that the current government is "a grave threat to our nation", so I doubt "national security" is its prime concern. Maintaining the sham of the US-led fake "war on terror" appears more likely to be this government's first priority.
Of particular concern is the tendency of MPs to parrot standard rhetoric rather than show any kind of broad knowledge or insight Perhaps their paycheques are their main consideration.
YOU may well be privileged in this country, Mr. Mackenzie, but you seem oblivious to the fact that many others are not so well treated.
The original letter from Dave MacKenzie can be read below:
[ Read the rest ... ]
Activists protest security billposted on December 09, 2007 | in Category Security Certificates | PermaLink
Source: The Montreal Gazette
Date: December 07, 2007
Teams of activists launched a one-day blitz of 17 Montreal-region Members of Parliament Friday morning to underline their opposition to new security-certificate legislation which could be given third reading as early as next week by the House of Commons.
The round of visits is expected to culminate at 3 p.m., with a visit to the St. Laurent-Cartierville riding office of Stéphane Dion, Liberal Opposition leader.
About 50 people are on the road as part of the effort, said Mary Foster, an organizer with Coalition Justice for Adil Charkaoui.
"It's going to be up to the Liberals to stop this" new bill, Foster added, given the current balance of power in the Commons. The Conservative government has a minority and both the Bloc Québecois and the New Democratic Party have been indicating their members will vote against the bill.
Last February, the Supreme Court of Canada ordered the federal government to come up with a new law governing security certificates by Feb. 23, 2008.
Bill C-3, the legislation that resulted, was introduced by the Conservatives Oct. 22.
"Notably," according to the Coalition, the bill "will continue indefinite detention without charge, secret hearings without the detainee or their lawyer present, use of unreliable evidence obtained under torture, house arrest, deportation to torture and a two-tiered system of justice."
Representatives of the Canadian Bar Association have told a Commons committee studying C-3 that they believe some provisions of C-3 would not be ruled constitutional.
janr at thegazette dot canwest dot com
© The Gazette (Montreal) 2007
CAF: Please Contact Public Safety Committee about Bill C-3posted on November 27, 2007 | in Category Security Certificates | PermaLink
After passing the second reading in the House of Commons, Bill C-3, the controversial revision to the bill on security certificates, has now been placed into the hands of the Public Safety Committee. During the second reading, the Bill was supported by the Conservatives, Bloc Quebecois, and the Liberals except for Andrew Telegdi and Colleen Beaumier; the NDP did not vote in favour of the Bill.
Several superficial amendments were suggested by the Liberals and the Bloc which include:
- adding a provision for administrative/secretarial support for the special advocate to handle the large amount of paperwork;
- allowing for a better procedure in which special advocates can communicate with detainees without obtaining permission from the judge;
- creating a separate selection process for choosing a special advocate removed from government influence and a fund to pay for their wages;
- permitting the detainee to choose from a list which special advocate to represent him instead of the judge;
- allowing the special advocate to view all of the information against the detainee;
- prohibiting the special advocate to disclose any information to the government relating to direct communication with the detainee;
- banning any evidence that was obtained through torture;
- expanding the right of appeal.
[ Read the rest ... ]
[CALGARY, Nov 17] "No Security Certificates" National Day of Actionposted on November 12, 2007 | in Category Security Certificates | PermaLink
Please join concerned Calgarians in our fight against racism and political oppression as we leaflet and collect signatures in opposition to the proposed security certificate legislation Bill C-3: What: Leafleting for "No Security Certificates" National Day of Action When: 12 - 2 pm, Saturday, Nov. 17 Where: Kensington - Meet at Carpenters Hall 301 - 10th ST NW STOP secret trials, house arrest, and deportation to torture! NO security certificates in Canada!! For more info please email [email] Background on BILL C-3:
On October 22nd, the Conservatives introduced Bill C-3, new security certificate legislation, which they hope to pass into law in the coming months. The Liberals immediately signaled their intention of supporting Bill C-3.
Like the old security certificate, the proposed draft ( www2.parl.gc.ca/content/hoc/Bills/392/Government/C-3/C-3_1/C-3_1.PDF ) fails to provide a fair trial, maintains a secret trial process, uses vague and undefined allegations rather than precise charges, and relies on a low standard of proof. It allows the judge to take a decision based on secret and dubious information. It does not prohibit the use of information produced under torture. It maintains a two-tiered system which does not allow non-citizens the same procedural protections as citizens, even though their liberty and very lives may be at stake. It will continue the practice of indefinite detention under threat of deportation to torture. Legal experts who have analysed the bill have already said that it will not even pass a constitutional test; raising the possibility of further legal battles and constitutional challenges.
If it succeeds, this move on the part of the government will further entrench the use of secrecy and racial profiling in the Canadian legal system. It will help to normalize indefinite detention or house arrest for people who are deemed "suspect" by the spy agency CSIS. It will help normalize increased government control and surveillance. All the while leaving the door open to deportation to torture.
The proposed reform comes in response to a strong grassroots campaign against the security certificate - a symbol of injustice against migrants in Canada - and in response to the Supreme Court decision in February 2007 that the 'security certificate' process is unconstitutional.
STOP secret trials, house arrest, and deportation to torture! NO security certificates in Canada!!
Débat sur les certificats de sécuritéposted on October 31, 2007 | in Category Security Certificates | PermaLink
La Charte canadienne des droits et libertés garantit
certains droits à tout résident du Canada, qu'il soit ou
non citoyen, dont le droit à l'égalité et le droit au
traitement juste et équitable. Cependant, la loi de
l'immigration prévoit qu'un non-citoyen soupçonné de poser
un risque pour la sécurité nationale peut être détenu
indéfiniment en vertu d'un certificat de sécurité émis sur
la foi de preuves secrètes ou être renvoyé vers le pays
d'origine même s'il y risque la torture. En février 2007,
la Cour suprême a déclaré ces dispositions invalides. Le
gouvernement propose maintenant de modifier le régime de
certificats de sécurité en y ajoutant un 'défenseur' chargé
de représenter les intérêts de l'individu visé, qui aurait
accès à la preuve secrète mais ne pourrait pas en discuter
avec l'intéressé. Est-ce que ce nouveau régime de
certificats de sécurité protège le droit du non-citoyen à
l'égalité et à la justice conformément à la Charte ?
Lorne Waldman, LL.B., LL.M., est un des avocats les plus
éminents au Canada en droit de l'immigration. Il est
co-auteur avec Prof. Craig Forcese d'un rapport récent
intitulé "Seeking Justice in an Unfair Process. Lessons
from Canada, the United Kingdom, and New Zealand on the Use
of "Special Advocates" in National Security Proceedings".
Faisal Kutty, LL.B., LL.M., Ph.D. (cand.), est un avocat
spécialisé en droits de la personne. Il agit comme
conseiller juridique pour le Canadian Muslim Civil
Liberties Association et pour le Canadian Council on
American Islamic Relations (CAIR-CAN). Sa thèse doctorale
porte sur les lois anti-terroristes et l'état de droit.
Janet Cleveland, LL.L., M.Sc., Ph.D., est juriste,
anthropologue, psychologue et chercheure en droits des
réfugiés à la Chaire de droit international des migrations
de l'Université de Montréal.
Présidence : Mitchell J. Goldberg, LL.B., est un avocat de
Montréal spécialisé en droit des réfugiés. Il est membre de
l'exécutif de la Section de l'immigration de l'Association
du Barreau Canadien et du Comité de l'immigration du
Barreau du Québec.
Deux conférences auront lieu en anglais, la troisième en
français ; suivra une période de discussions dans les deux
langues. Un service de traduction simultanée sera à
No To Security Certificates, say Calgary activistsposted on October 31, 2007 | in Category Security Certificates | PermaLink
More responses to the new legislation (from ICLMG and CCR)posted on October 23, 2007 | in Category Security Certificates | PermaLink
CCR: Rights organizations oppose Bill C-3 on unfair security certificates (Oct 23, 2007)
ICLMG: Des organismes de défense des droits s’opposent au projet de loi C-3 maintenant les certificats de sécurité injustes (23 oct 2007)
CAF: New Legislation another blockade towards full civil libertiesposted on October 23, 2007 | in Category Security Certificates | PermaLink
Toronto – The Canadian Arab Federation (CAF) is calling on all parliamentarians to reject Bill C-3, which allows not only for the continued use of the draconian security certificate, but also for the appointment of “special advocates” to challenge evidence on behalf of the detainee. These advocates are chosen from a list created by the Minister of Justice to challenge the evidence on behalf of the detainee but both the detainee and his lawyer are denied from accessing the information which led to the initial arrest under the security certificate. Neither the detainee nor his lawyer is allowed to advocate on the former’s behalf.
This bill comes as a response to the Supreme Court of Canada’s decision in Charkaoui v. Canada in February to strike down the security certificate legislation which was deemed unconstitutional because the suspect was denied a fair hearing. The government has circumvented this by allowing advocates to challenge secret evidence on the suspect’s behalf.
[ Read the rest ... ]
Government tables new security certificate legislationposted on October 22, 2007 | in Category Security Certificates | PermaLink
The Conservative government introduced legislation in the House of Commons on Monday that will change the way its controversial security certificates are handled.
The certificates allow Canada to detain and deport foreign-born terrorist suspects who are deemed a threat to national security.
Federal Court judges approve the certificates based on secret intelligence evidence presented at a private hearing that suspects and their lawyers are not allowed to attend.
The new security certificate law bill is expected to give detainees access to a special advocate who will represent them at the private hearing.
[ Read the rest ... ]
Media coverage of Our Day of Actionposted on October 21, 2007 | in Category Security Certificates | PermaLink
OTTAWA - Demonstrators in about a dozen Canadian cities Saturday demanded an end to "secret trials" and the controversial security certificate process after the federal Conservatives signalled in this week's throne speech plans to introduce new measures to the country's anti-terrorism laws.
Activists in Ottawa accused the government of crafting a "two-tiered" justice system after the Conservatives vowed in the throne speech to respond to the Supreme Court decision on security certificates through new legislation that would also add new measures to the Anti-Terrorism Act.
[ Read the rest ... ]