By Irwin Block Source: The Montreal Gazette URL: [link] Date: January 23, 2009 'Guilty by association,' Elmenyawi testifies

Moroccan-born Adil Charkaoui is a "mainstream Muslim" who was unfairly profiled as a security risk and jailed without any evidence or charges, says Montreal imam Salam Elmenyawi. "He is guilty by association, not by committing any act," Elmenyawi, chairperson of the Muslim Council of Montreal, told the Federal Court yesterday. Elmenyawi was the last witness called by Charkaoui's lawyers in support of a motion to remove the most stringent conditions imposed as part of his house arrest after his release from detention in February 2005. A chaplain at McGill and Concordia, Elmenyawi said Charkaoui "understands very well the damages the Muslim community has suffered from actions and violence in the name of Islam." He recalled Charkaoui expressed "outrage" when the Talmud Torah schools library in St. Laurent was firebombed and denounced the London bus bombings and alleged Toronto terror plot.

[ Read the rest ... ]

by Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: January 22, 2009 Judge permits talks on issues of law only, in secure locales

OTTAWA -- Lawyers who represent Ottawa terror suspect Mohamed Harkat in secret hearings have been granted the right to talk to other special advocates about common legal issues. Paul Cavalluzzo, a special advocate for Mr. Harkat, had argued that government lawyers had a “massive advantage” in Canada’s five security certificate cases because of their ability to consult with other federal lawyers. Mr. Cavalluzzo is one of two court-appointed lawyers responsible for protecting Mr. Harkat’s interests during secret evidentiary hearings. Federal lawyers, however, had said that lifting the restrictions on special advocates could potentially compromise national security information. In a decision released Thursday, Federal Court Judge Simon Noel imposed strict rules on discussions between special advocates, restricting them to issues of law and procedure. They are not allowed, he said, to discuss any factual information heard in secret.

[ Read the rest ... ]

by Aedan Helmer Source: The Ottawa Sun URL: [link] Date: January 23, 2009 Two lawyers involved in Mohamed Harkat's federal trial have been given permission to consult with colleagues involved in similar cases. Paul Cavalluzzo and Paul Copeland were appointed to Harkat's case to ensure the Ottawa man gets a fair trial. Harkat is one of five men being held on security certificates. The two special advocates filed a request in Federal Court in November to communicate with lawyers appointed to similar cases. MATTER OF JUSTICE

Justice Simon Noel granted permission yesterday "in the interests of justice," but imposed strict conditions. The lawyers are now allowed to discuss some issues common in all five security certificate proceedings, including questions of jurisdiction and procedure, but are forbidden from disclosing any confidential factual information specific to individual cases.

[ Read the rest ... ]

by Canadian Press
Source: The Canadian Press
URL: [link]
Date: January 22, 2009


OTTAWA - Two lawyers appointed to ensure that accused terrorist Mohamed Harkat gets a fair hearing have won the right to consult with colleagues involved in similar cases across the country.

But in a ruling released Thursday, Justice Simon Noel of Federal Court set strict conditions on the kind of information that can be shared.

The ruling was prompted by a dispute over the role of so-called special advocates - court-appointed lawyers whose duty is to challenge government allegations in terrorism cases and protect the rights of the accused.

Harkat, a former Ottawa pizza delivery man, is one of five Arab-Canadians the government is trying to kick out of Canada because of alleged ties to al-Qaida. He denies the accusations and has been fighting deportation for six years.

Paul Cavalluzzo and Paul Copeland, the two advocates appointed in Harkat's case, filed a request last month for permission to talk with their counterparts in the other cases.

[ Read the rest ... ]

by Colin Freeze
Source: The Globe and Mail
URL: [link]
Date: January 15, 2009


Federal agents keeping tabs on two Egyptians suspected of links to terrorism will continue snapping surreptitious pictures of the suspects, keep following their footsteps, and carry on with seizing, scanning and archiving every piece of mail they receive.

Federal Court Judge Anne MacTavish ruled in a decision Thursday that none of these invasive measures violate the rights of the men, who had been arguing for a relaxation of the most stringent house-arrest conditions ever ordered by Canadian courts.

Lawyers for Mohamed Zeki Mahjoub and Mahmoud Jaballah failed to sway the court that federal agents should ease up on the photos, overt surveillance and mail seizures. The men had not been contesting other measures, such as the electronic ankle bracelets they wear at all times, their bugged phone lines or the bans on making unapproved excursions outside their homes.

The two decisions, each 55 pages, were released Thursday by Judge MacTavish and shed considerable light on the daily realities the men face as they are being monitored.

[ Read the rest ... ]

by Individual UPR Submission, CANADA Source: International Civil Liberties Monitoring Group (ICLMG) URL: N/A Date: September 5, 2008 Submission of Information by the ICLMG to the Office of the High Commissioner for Human Rights (OHCHR) in relation to the Human Rights Council’s Universal Periodic Review (UPR) of Canada to take place in February 2009 Canada’s Anti-Terrorism Laws in Violation of International Human Rights Standards

The ICLMG 1. The ICLMG is a pan-Canadian coalition of civil society organizations that was established in the aftermath of the September 11th, 2001 terrorist attack in the United States. The coalition brings together 38 international development and human rights NGO’s, unions, professional associations, faith groups, environmental and refugee organizations. Its purpose is to monitor the impact of anti-terrorism legislation on human rights standards, to advocate against abuses and violations, and in certain cases, to take up the cause of those who have become innocent victims of such abuses. Methodology and Consultation 2. The ICLMG, with its 38 member organizations, serves as a round-table for discussion and exchange, and to provide a point of reflection and cooperative action. The ICLMG has participated in many conferences, advocated with government officials and before parliamentary committees, was an intervenor before the Supreme Court of Canada in the Security Certificate case (Adil Charkaoui versus A.G. Canada), an intervenor in the O’Connor Commission relating to Maher Arar and the Iaccobucci Commission relating to Messrs. Almalki, El Maati and Nurredin.

[ Read the rest ... ]

par Me. Hébert Source: Le Jounal, Barreau du Québec URL: N/A Date: 12 janvier 2009 Certificats de sécurité : L’inconfort de l’avocat spécial

L’opinion de Me Hébert, Le Journal, Barreau du Québec janvier 2009 L’examen d’un certificat de sécurité par la Cour fédérale comporte désormais l’intervention d’un tiers. Contraint par la Cour suprême(1) d’adoucir une procédure d’exception, le législateur fédéral a créé le rôle d’avocat spécial. Son mandat consiste à défendre les intérêts de la personne intéressée lors de toute audience tenue à huis clos et ex parte. Derrière des portes closes, il peut contredire les prétentions gouvernementales selon lesquelles la divulgation de renseignements porterait atteinte à la sécurité nationale. Il peut également contester la pertinence, la fiabilité et la suffisance des renseignements fournis par un ministre. Pour ce faire, il pourra contre-interroger les témoins et faire des représentations. À première vue, c’est un progrès ... La Cour suprême(2) a statué qu’une personne visée par un certificat de sécurité « bénéficie d’un droit élargi à l’équité procédurale, qui impose la divulgation de la preuve ». Un comité sénatorial sur l’antiterrorisme s’est dit préoccupé par l’absence de disposition précise donnant à l’avocat spécial le pouvoir d’exiger la divulgation de tous les documents qu’il juge pertinents. Tout bien pesé, pour la personne visée, c’est un progrès mitigé.

[ Read the rest ... ]

by Monia Mazigh
Source: The Toronto Star
URL: [link]
Date: January 12, 2009


Last week, the last person held under a security certificate in Canada was ordered released by an Ontario judge under strict conditions. Hassan Almrei, a Syrian national, was held in solitary confinement for almost eight years under the controversial security certificate process.

He protested the conditions of his incarceration with the only tool that he had, launching several hunger strikes in an attempt to have his most basic rights respected.

He is suspected of terrorism but was never charged with any crime and was never given the opportunity to defend himself in an open trial.

Two years ago, the federal government decided to build a facility segregated from other inmates on the grounds of Millhaven penitentiary in Kingston, Ont.

This small maximum-security prison for foreign terror suspects detained in Canada cost $3.2 million to build and millions more to run.

[ Read the rest ... ]

by Colin Freeze
Source: The Globe and Mail
URL: [link]
Date: January 2, 2009

Canada's controversial prison for terrorism suspects will soon be without a single inmate.

Even so, it might be premature to call the Kingston Immigration Holding Centre a white elephant from the war on terror.

Records show that officials, who opened the prison only three years ago, always expected it might have a “dormant period.”

Even so, they anticipate it still might come in handy – after all, they might have to rejail a prisoner who has been ordered let go.

“If there comes a time when there are no detainees remaining in the KIHC … this agreement will continue,” reads a government memo.

It adds that in the event federal officials “must rearrest and redetain” a freed prisoner, there would be only one place to send him: “The detainees would be detained at the KIHC.”

[ Read the rest ... ]

by Canwest News Service
Source: The Calgary Herald
URL: [link]
Date: January 2, 2009


[PHOTO: Hassan Almrei was arrested in 2001 after the Canadian Security Intelligence Service alleged he was part of a Sunni extremist network. A Federal Court judge ruled Jan. 2 Almrei can no longer justifiably be detained.]

A Federal Court judge ruled Friday that the final terrorism suspect being held in Canada on a national security certificate be released.

Justice Richard Mosley ruled Hassan Almrei, who has been in custody since October 2001, can no longer justifiably be detained.

"I have concluded that his continued detention can no longer be justified and that he should be released under strict conditions pending a determination of the reasonableness of the security certificate under which he is presently detained, and if the certificate should be found to be reasonable, until a determination is made whether he can be removed from Canada to his country of nationality or some other country," Mosley wrote.

Almrei, a Syrian, came to Canada in 1999 as a refugee claimant.

He was arrested in Toronto in 2001 after the Canadian Security Intelligence Service alleged he was part of a Sunni extremist network. He initially denied the allegations against him, but later explained he had taken part in paramilitary activities in Afghanistan until 1995.

[ Read the rest ... ]