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Canadian Press - January 29, 2006
UN rights group criticizes Canada's
anti-terror certificates
Jim Bronskill
OTTAWA (CP) - A United Nations working group says it is "gravely concerned" about Canada's use of special security certificates and calls on the federal government to reconsider the tool for cracking down on suspected terrorists.
The UN working group on arbitrary detention says elements of the certificate regime jeopardize a person's rights to a fair hearing, to challenge the evidence used against them, and to ensure judicial review of their incarceration.
"This procedure allows the government to detain aliens for years on the suspicion that they pose a security threat, without raising criminal charges," says the body's report, made public Friday.
The group, set up by the UN Commission on Human Rights, toured Canada during the first half of June at the invitation of the government. It visited numerous detention facilities, including police stations, jails, and pre-trial and immigration holding centres in several cities.
The report expresses concern that all four men currently imprisoned under security certificates are Arab Muslims. A fifth man, also Muslim, has been released from jail but is strictly monitored by authorities.
Under federal immigration law, the government may use a certificate to deport a non-citizen suspected of being a risk to Canadian security.
A federal judge examines the case, either upholding the certificate as reasonable or quashing it and setting the suspect free.
The security certificate system has become a flashpoint in Canada's fight against terrorism, drawing criticism from human rights activists, lawyers and scholars.
Amnesty International has also raised concerns about certificates, which have been used in 27 cases since 1991.
Critics say the process is unfair because counsel for the accused is not permitted access to details of evidence, based on secret intelligence, underpinning the case.
As a result, the report says, the lawyers are "not in a position to effectively question the allegations brought against him."
The report notes the only way out of detention is deportation to the person's country of origin. All five men now subject to certificates argue they would be tortured if sent to their homelands.
The Justice Department, which has been leading a review of the certificate regime, had no immediate comment on the report.
The Supreme Court of Canada is slated to hear constitutional challenges of the process in June from three men - Mohamed Harkat, Hassan Almrei and Adil Charkaoui - slated for deportation under certificates.
The UN group pointed to another of the five men, Mahmoud Jaballah, in citing one of the "most troubling" aspects of the process - the difficulty in challenging one's detention.
The report, completed in December, notes Jaballah had been detained without criminal charges for five years but received the chance to challenge his detention only once.
The group urges Ottawa to ensure incarceration of terrorism suspects is consistent with standard criminal procedure and safeguards enshrined in international law.
Janet Dench, executive director of the Canadian Council for Refugees, said the policy of issuing certificates would be a challenge for the fledgling Conservative government.
"It's going to be an early test for the new government about the degree to which they are going to respect international human rights obligations."
http://www.canada.com/topics/news/national/story.html?id=e14dc578-15df-4030-afbd-0ef991f62f1e&k=28928
Toronto Star – January 18, 2006
Canadians must demand answers on no-fly lists
By Halima Mautbur
The issue of no-fly lists is finally registering on the national radar screen. It's an issue that should concern all Canadians, because this snare is catching far more than just the "usual suspects."
One of Canada's shadiest statistics is the unknown number of citizens who have had their mobility rights curbed by the U.S. no-fly list. Some of the notables include Canada's Defence Minister Bill Graham and NDP MP Pat Martin, both of whom were caught by the now infamously inaccurate American watch list.
Most startling about their cases is that neither were flying into the United States at the time - they were flying between Canadian cities.
Complaints filed with the Canadian Council on American-Islamic Relations (CAIR-CAN) have also indicated that Canadian airlines are applying the U.S. no-fly list on flights within Canada, not just those landing south of the border.
The incidents raise an alarming question: Why are Canadians being restricted by American policies in their own country?
It's a conundrum that has left many Canadians without recourse. Yet instead of addressing the problem, Transport Minister Jean Lapierre announced last August that a Canadian no-fly list would be added to the mix.
But even as he unveiled the government's newest anti-terror tool, he kept secret the details of its process and application. Even the exact date of implementation remains unknown, only that it will start sometime this year.
There was one glaring omission from Lapierre's program: The "Passenger Protect" plan did not include an appeal mechanism for those wrongly targeted. "I will be responsible for putting the names on the list," Lapierre told reporters, as though that excluded the possibility for errors.
It didn't inspire confidence in his critics. The plan was later revised to include a removal mechanism for those mistakenly listed, although little is known about how serviceable that process will be, given that individuals aren't permitted to challenge secret information.
The use of watch lists to curb mobility is a departure from traditional legal restrictions, many of which are justified and are applied after fair, open trials. For example, convicted sex offenders can be prohibited from going near schools. But no transparent trials will take place before inviduals are named to the pending Canadian list.
That decision will be made behind closed doors by the transport minister, CSIS and the RCMP. Many may not even find out they are on the list until they attempt to fly to a business engagement or family gathering. Worse, they may end up being detained in a foreign country.
There are other questions that remain unanswered about Canada's list. What criteria will place individuals on the list? How reliable is the information used to add names to the list?
How will the information be shared with other countries, particularly those with poor human rights records? Will Canadian airlines be permitted to continue using the U.S. no-fly list, even on flights between Canadian cities? ….
Halima Mautbur is human rights coordinator for CAIR-CAN, the Canadian Council on American-Islamic Relations.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1137497167972&call_pageid=968256290204&col=96835011 6795
CIC media Communique - November 17, 2005
Canadian Islamic Congress criticizes right wing liberals
for rejecting repeal of anti-terrorism act
The Canadian Islamic Congress has reacted strongly to news that some of Canada's most senior and influential federal ministers have pulled out all the stops to preserve the draconian anti-terrorism legislation that was hastily created following the September 11, 2001 attacks on the U.S.
Despite findings of a special Senate committee that held more than 40 public hearings on the Anti-Terrorism Act (ATA) over the past nine months - including a testimony by CIC - and raised numerous warning issues about its inadequacies and its threat to existing Canadian rights legislation, Public Safety Minister Anne McLellan went on the defensive this week, asserting that the government will not repeal the controversial legislation.
Ms. McLellan has emerged recently as the leader of the Liberal government's right wing gang of four that has mounted the most concerted opposition to repealing the Anti-Terrorism Act. Along with Justice Minister Irwin Cotler, Immigration Minister Joe Volpe, and Transport Minister Jean Lapierre, McLellan -- whose submission to the Senate committee on Monday supported the act -- has repeatedly insisted that "the [terrorist] threat is real."
A CIC statement expresses "shock and dismay" that some of this country's most powerful politicians have chosen to ignore vital findings of the Senate committee and to further subject Canadians to security provisions that seriously compromise the rights that come with citizenship.
"For Canadian Muslims in particular, this means living under the continual threat of racial profiling, security certificate detentions, no-fly listings and discrimination based on suspicion," the statement continued. "Sadly, the reasons why we advised Canadian Muslims earlier this year to reconsider our community's traditional support for the Liberal Party, have taken on greater urgency today -- it is totally preposterous for politicians like Ms. McLellan to publicly declare that this unjust act balances human rights and security."
There are over 750,000 Muslims in Canada and Muslims of voting age make up critical "swing vote" numbers in many crucial ridings across the nation, especially in the Greater Toronto Area.
CIC published two position papers related to the ATA:
http://www.canadianislamiccongress.com/docs/position.php
http://www.canadianislamiccongress.com/ar/safe.php
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