Source: Le Droit URL: [link] Date: 15 décembre 2008 Les proches et les supporteurs de Mohamed Harkat se disent de plus en plus inquiets que le gouvernement canadien signe prochainement son mandat d'expulsion.

Quelques heures avant que le résidant d'Ottawa ne comparaisse aujourd'hui devant la Cour fédérale, pour demander une révision de ses conditions de détention, un juge tiendra une audience à huis clos où d'autres éléments de preuve pourraient être déposés contre lui. En 2002, Mohamed Harkat a été identifié par le Service canadien du renseignement spécialisé (SCRS) comme un agent dormant du réseau terroriste Al-Qaïda. Le Canadien d'origine algérienne est depuis visé par un certificat de sécurité. Il doit notamment demeurer en résidence surveillée avec son épouse Sophie, porter un émetteur GPS en tout temps et s'assurer que tous ses interlocuteurs sont connus de l'Agence des services frontaliers du Canada. «Il n'y a aucun chef d'accusation contre M. Harkat. Tout repose sur des allégations du SCRS», affirme Christian Legeais, porte-parole du comité Justice pour Mohamed Harkat.

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-- Author and researcher Mike Larsen has offered us a sneak preview of an article he wrote for The Journal of Prisoners on Prisons titled "Justice in Tiers: Security Certificate Detention in Canada". It was co-authored with Sophie Harkat and Mohamed Harkat. It is in PDF format, and you can download it from our Downloads Section HERE. Thanks Mike.

-- New in our Downloads Section:

Radio Interview with Mary Foster, Mike Larsen (Nov 2008)

A portion of the CKUT Radio program "The Friday Morning After Show" hosted by Tariq Jeeroburkhan. Tariq speaks with Mary Foster of "The Coalition Justice for Adil Charkaoui" and Mike Larsen a researcher from the York Centre for International and Security Studies who did a study about the financial costs of the surveillance aspects of the security certificate process. (November 28, 2008. MP3 format. 26 min.)

by "Justice for Adil" Source: Coalition Justice pour Adil Charkaoui URL: [link] Date: November19, 2008 It has been a long time since we sent an update on Adil Charkaoui's struggle to clear his name. Much has happened in all five security certificate cases in the past months, while in the next few months, we expect to see decisions which could decide the fates of the secret trial five and their families. For the individuals and families imprisoned in this indefinite nightmare, it continues to be devastating; a burden that is extremely difficult to carry alone. We hope you can respond to the call for solidarity at the end of this message. This message is long but it is in the details that you can get a full sense of what is going on. --------------------------------- SHOW YOUR SOLIDARITY: --> Organizations: Join Federal Court Watch to help hold the Federal Court to a reasonable standard of fairness. More information: [link] --> Individuals: Take an hour or two to come out to the court hearings in solidarity with the Charkaoui family. Even an hour will mean a lot!! Hearings scheduled from 24 to 28 November; and from 8 to 19 December. But check for updates: [link] --> All: Join the cross-Canada day of action against these secret rendition hearings on 10 December, international human rights day. **More ways of getting involved and details below.** --------------------------------- The Dance of Disclosure

On learning in February 2007 that the Supreme Court considered the security certificate process to be unconstitutional, the Canadian government adopted an "add and shake well" approach: add special advocate, shake thoroughly (especially the victims), and continue as though everything is fine. Disturbingly, this attitude seems to be shared by the Federal Court of Canada, an institution that has failed to wake up to the fact that it has been applying an illegal law for years.

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by Mike Larsen (York Centre for International and Security Studies)
Source: The Globe and Mail
URL: [link]
Date: November 19, 2008

Toronto -- I am disappointed that The Globe takes the position that the appropriate alternative to the expense of Mohamed Harkat's bail supervision is to deport him to Algeria, under the cover of diplomatic assurances.

Let's be clear about what we're talking about here. Security certificates allow for arrest without charge, detention without trial, and round-the-clock invasive surveillance.

Even if they operated swiftly and cheaply, they would still be a black mark against Canada's human-rights record. Certificates represent an unjust, immoral and (a distant third) expensive approach to security.

If The Globe is worried about these things, the solution is not to adopt an "out of sight, out of mind" model of swift deportation. Rather, the solution, if we aspire to be a just society, is to abolish security certificates, and adhere to a single legal standard for all persons.

© Copyright 2008 CTVglobemedia Publishing Inc. All Rights Reserved.

by Robert Diab (author, Guantanamo North: Terrorism and the Administration of Justice)
Source: The Globe and Mail
URL: [link]
Date: November 19, 2008


North Vancouver -- The problem of what to do with Mohamed Harkat and other suspected terrorists isn't easy (The Costliest Way Is Not The Only Way - editorial, Nov. 18). But what you propose is absurd. Would you want to be deported to a country that "on balance" may or may not torture you?

While the U.S. and China give assurances in death-penalty extraditions, the U.S. is not Syria and China has a lot more at stake in relations with Canada than does Algeria. Your logic would have Canada trade away its commitment to avoiding torture so as to improve the bottom line.

© Copyright 2008 CTVglobemedia Publishing Inc. All Rights Reserved.

by News Release Source: The American Civil Liberties Union (ACLU) URL: [link] Date: November 18, 2008 FOR IMMEDIATE RELEASE November 18, 2008 Controversial “Diplomatic Assurances” Revealed For The First Time In Records Obtained By ACLU And Columbia Law School’s Human Rights Clinic

NEW YORK – The American Civil Liberties Union and Columbia Law School's Human Rights Clinic released documents today revealing for the first time details of the U.S. government’s process for transferring individuals to countries where they face a significant risk of being tortured. The documents, which were uncovered as the result of a Freedom of Information Act (FOIA) request by the two organizations, shed new light on the fundamentally flawed practice of “diplomatic assurances” or secret promises obtained from foreign governments that they will not torture the returned individuals. “The United States' practice of relying on deeply flawed diplomatic assurances makes a mockery of our obligations under the Convention Against Torture,” said Judy Rabinovitz, Deputy Director of the ACLU Immigrants' Rights Project. “Now that President-elect Obama has pledged to end torture, it is a perfect time to put a stop to policies that permit the transfer of individuals facing torture in foreign countries. Our government should stop trusting such inherently unreliable assurances and immediately disclose all remaining records relating to this practice.” The documents released today include copies of actual diplomatic assurances – the first ever to be made public. The U.S. government has repeatedly insisted that the assurances must remain secret.

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by unsigned editorial
Source: The Globe and Mail
URL: [link]
Date: November 18, 2008


There is something about the story of secret agents following suspected terrorist Mohamed Harkat into an Ottawa washroom and sitting behind him and his wife in a movie - Bon Cop, Bad Cop - that nicely illustrates the way Canadian democracy bends over backward to ensure that due process and liberty survive in the age of terror.

Mr. Harkat's supporters say he is subject to severe conditions of house arrest: He may leave his home on preauthorized trips for only four hours at a time, and only 12 hours a week, and only if he is accompanied by his wife. He contends that these conditions are unnecessary and are ruining his life, and is challenging them in court. Canadian taxpayers may also wish to challenge them; it turns out that up to six officers for the Canadian Border Services Agency worked full-time tracking Mr. Harkat on foot, by car and electronically. The cost in 2006-07 was at least $576,886 ($868,700 was budgeted), plus $31,000 for a new car. Imagine all the displaced persons in refugee camps who could be brought to Canada for that amount.

There are no perfect alternatives. One option is to leave him in jail, but the Federal Court says, No, his risk can probably be managed in the community. Another is to drop the extra security and cross our fingers.

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by Colin Freeze
Source: The Globe and Mail
URL: [link]
Date: November 16, 2008


Keeping tabs on suspected al-Qaeda members who have been released into Canadian communities may be costing taxpayers $500,000 to $1-million a year in each case, according to new research.

A York University PhD sociology student has unearthed many of the controversial "security-certificate" program's specific costs by digging up the price the government pays for round-the-clock monitoring, including staffing costs, electronic bracelets, cars, gas and overtime.

In one case, federal department officials budgeted for six full-time agents to watch one released prisoner, at an annual cost of $868,700.

"It is a make-it-up-as-you-go-along policy and the Canadian cases are rather unique in this regard," said researcher Mike Larsen. "The government has adopted the worst of both worlds: You've got individuals subject to certificates in a legal limbo - and you've created this ongoing expensive policy with no end in sight."

Mr. Larsen said the government has never revealed the total cost of its surveillance programs. "It's interesting to note these costs aren't made public," he said. "They aren't part of the debate."

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By Deyra Fontaine, Carelton University School of Journalism Date: October 29, 2008

Sophie and Mohamed Harkat were at home preparing for their pre-approved outing when an officer from the Canada Border Services Agency (CBSA) knocked on their door. It was 5:00 p.m. on Friday, February 22 - seven hours until the old security certificate for Mr. Harkat would be quashed. As the CBSA officer handed over the new certificate and allegation report claiming Mr. Harkat was a terrorist threat to Canada, it became official. The Ottawa couple had lost their first battle. Security certificate law is an immigration proceeding housed in the Immigration and Refugee Protection Act. It allows the Government of Canada to detain any refugee, permanent resident or other non-citizen that the Canadian Security Intelligence Service (CSIS) consider a national security threat for an indefinite period of time. This includes anyone suspected of violating human or international rights, or of participating in organized crime or terrorist activities. If CSIS can prove its allegations, the person is deported to their country of origin. Closed proceedings ensure the subject of a security certificate can never see or hear the evidence against them. On February 23, 2007 the Supreme Court ruled that security certificates were unconstitutional because they didn’t provide sufficient protection for security certificate detainees. The government was given one year to rewrite the legislation before it was permanently struck down. A new bill was passed a year later, introducing the use of special advocates who get access to the evidence, but cannot share it with their clients without approval from a judge.

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