by Matthew Behrens
Date: May 24, 2016
In a major setback to a Liberal government still refusing to repeal the repressive Bill C-51, the Federal Court has found unreasonable the secret trial security certificate against the long-suffering Mahmoud Jaballah, almost 20 years to the day that the Egyptian refugee and his family arrived in Canada seeking asylum from the Mubarak dictatorship. While the written decision for this finding has yet to be released, this hopefully brings to a close an 18-year legal fight that helped spur an international campaign of condemnation against Canada's use of secret trials, indefinite detention, deportation to torture, and the patently illegal practices conducted by Canada's spy agency, CSIS.
Jaballah, who was jailed without charge and tortured on many occasions in Egypt (as was his wife, Husnah, who was twice detained and tortured in front of him), was originally arrested in 1999 under the much-criticized security certificate, alleging he was a threat to national security. The problem he faced? He was not allowed to see the secret case against him in a process that allowed as evidence anything not normally admissible in a court of law. CSIS had originally approached him to spy on his community, and he refused. The response of CSIS was clear: co-operate or you will be jailed and deported to torture.
Date: January 25, 2016
Here is a video the ICLMG has made to call for stronger and more integrated review of Canada's national security agencies and specifically for the implementation of Justice O'Connor's recommendations. Please share widely via email, on social media and link to your website:
‘Troubling’ Conservative torture policy up for review, Goodale says
by Chantal Sundaram
Source: International Socialists
Date: October 27, 2015
It is not a coincidence that Mohamed Harkat received his deportation papers in the middle of the federal election campaign.
Though it may have been eclipsed by the niqab debate, the affidavit for Harkat`s deportation to Algeria, and most certainly to torture, was yet another indication of Harper`s deliberate stoking of Islamophobia.
The deportation is the consequence of a “Security Certificate,” under the Immigration and Refugee Protection Act, which allows for the imprisonment in Canada of refugees and permanent residents without charge.
Security Certificates allow for secret trials in which evidence is not disclosed to the detainees or their lawyers, and the full right to appeal is denied in a process that uses the lowest standard of proof of any court in Canada. And, they allow the ultimate injustice: deportation without charge to unfair imprisonment, torture or death.
But on October 19, voters sent a strong signal that they reject the overt Islamophobia and warmongering of the Tories. The Liberal withdrawal of Canada`s fighter jets from the Iraq-Syria mission was the first follow-through on that election mandate. The public sentiment demonstrated in the election is also a new opportunity to relaunch a movement to defend and regain civil liberties in this country.
But it will take public support and pressure to push the Liberals on this front. They voted for Bill C-51, and did not condemn last year’s second Supreme Court of Canada decision that deemed Security Certificates "imperfect," and secret hearings "uncomfortable," but still constitutional.
by Prof. Graham Hudson
Source: The Agenda - TVO.org Website
Date: November 27, 2014
On May 14, 2014, the Supreme Court of Canada upheld the constitutionality of the Canadian security certificate regime in Canada (Citizenship and Immigration) v. Harkat. In existence since 1978, security certificates have been a focal point for human rights advocates concerned with the growing size and reach of Canada’s national security apparatus. The decision is a turning point in the use of secret evidence in Canada.
Certificates enable the government to arrest and detain individuals on the grounds that such persons pose a threat to national security, have violated international (human rights) law, or have engaged in serious or organized criminal activity. Evidence supporting these allegations is collected, in large part, by the Canadian Security Intelligence Service (CSIS), and includes sensitive information that cannot be disclosed to anyone lacking high-level security clearance – including the person named in the certificate and his/her counsel. Among those permitted to view the evidence in secret hearings are a small group of “designated” Federal Court judges. If a judge finds that there is a reasonable basis for the allegations, the named person is subject to deportation from Canada.
Source: CBC News and The Canadian Press
Date: October 16, 2014
Security lawyers warn that blanket intelligence source protection could endanger court proceedings
Public Safety Minister Steven Blaney has unveiled new federal plans to boost protection for intelligence sources, by giving them the same protections bestowed upon police informants in criminal cases.
The new bill, which will likely be tabled next week, is meant to clarify the current laws, the minister told reporters.
"CSIS is relying on those sources, since it is an intelligence agency, so that is why it is so critical and important that we enable CSIS with the same authority that other law enforcement agencies have … so CSIS can fully operate and protect Canadians within the scope of the law."
In response to a question on how such evidence could be tested in court without giving defence attorneys the ability to cross-examine sources, CSIS assistant director of operations Andy Ellis pointed out that the agency "has a very robust system in place" for gathering information.
"We make every attempt to ensure that the information we're getting is corroborated and accurate, and we do not act on single-source information."
Thank you to those dedicated supporters who came out on Wednesday morning to hold up our banners and let the world know that regardless of what 8 Supreme Court judges may think security certificates are not acceptable to Canadians. They are a blight on our reputation as a country that purports to stand for human rights. And they must be abolished.
L'arrêt Harkat de la Cour suprême maintient un processus injuste pour les non-citoyens
Source: ICLMG News Digest
Date: 14 mai, 2014
Communiqué de presse: L'arrêt Harkat de la Cour suprême maintient un processus injuste pour les non-citoyens
14/05/2014 - La Coalition pour la surveillance internationale des libertés civiles (CSILC) et le Conseil canadien pour les réfugiés (CCR) sont déçus de la décision de la Cour suprême du Canada dans l'affaire Harkat qui maintient un processus fondamentalement injuste s'appuyant sur des preuves secrètes pour décider d'expulser un non-citoyen, potentiellement vers un risque de torture. Dans sa décision, la Cour suprême confirme la constitutionnalité du régime des certificats de sécurité, affirmant que les avocats spéciaux peuvent adéquatement compenser la non-divulgation aux personnes concernées de certaines preuves utilisées contre elles. La CSILC et le CCR regrettent que cette décision affirme l'inégalité de la protection des droits fondamentaux offerte aux non-citoyens. Lorsque ces droits sont en jeu pour les citoyens, comme dans les procédures pénales, nous ne tolérons pas l'utilisation de preuves secrètes. Les non-citoyens méritent une chance égale de connaître les preuves utilisées contre eux, et d'y répondre. La Cour ne s'est pas prononcée sur les aspects discriminatoires de ces dispositions. La Cour a également omis de se référer au droit international relatif aux droits humains, qui devrait servir de cadre essentiel pour le droit canadien.
Click on the photo of Mohamed to see all items related to him. JUNE 2017: Mohamed Harkat once again faces deportation to his native Algeria after the Supreme Court of Canada declared the federal government’s security certificate regime constitutional.
This fight is not over. The Justice for Mohamed Harkat Committee will re-double its efforts to see that justice is done for Mohamed Harkat and that the odious security certificate system of injustice is abolished once and for all.
Here is the contact information for Sophie Harkat.
Email Sophie: [email]
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Our Legal Team:
Barbara Jackman, Lead Public Counsel for Mohamed Harkat
Jackman, Nazami & Associates
Barristers and Solicitors
596 St. Clair Avenue West
Tel.: (416) 653-9964
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Christian Legeais, spokesperson and bilingual media contact: