Author Topic: The War on Canadian Civil Liberties: Government told by Supreme Court to rewrite  (Read 370 times)

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Global Research 26Feb2007
The War on Canadian Civil Liberties: Government told by Supreme Court to rewrite Law
Complete Transcript of Supreme Court Ruling

by Mahdi Darius Nazemroaya
Global Research, February 26, 2007
- 2007-02-24

The Supreme Court of Canada on February 23, 2007 ruled unanimously in a 9-0 vote that the "security certificates" used by the federal government of Canada to detain suspected terrorists are unconstitutional under the Canadian Charter of Rights and Freedoms. 

The Canadian Security and Intelligence Service (CSIS), Canada`s Secret Service could instigate a procedure whereby permanent residents, immigrants, refugees, and travelers could be arbitrarily detained.

Under the Immigration and Refugee Protection Act (IRPA), the security certificates allowed federal authorities to arbitrarily detain and imprison non-Canadians living in Canada designated as `security threats` without providing them with legal counsel and in violation of Habeaus Corpus.

The Immigration and Refugee Protection Act (IRPA), Bill C-11, is not to be confused with Bill C-36 and The Anti-Terrorism Act of Canada, although both acts are linked. 

Under these provisions, secret trials can take place where trumped up charges are laid, but evidence is withheld under the mantle of `national security.`   

Secret trials of individuals in any country, let alone non-citizens in Canada under immigration laws with supplementary security dimensions, blatantly violate the rights of individuals to a fair trial and an impartial legal process.

The concept of security certificates is a grave danger to the rule of law and is in violation of Habeaus Corpus. Theoretically, under this precedent a government abusing its powers can arbitrarily detain individuals and put them to trial without real evidence.

Suspects under the Immigration and Refugee Protection Act (IRPA) can also be held indefinitely in captivity. Moreover, on the basis of evidence presented in secret trials, suspects can be deported to their country of origin where they can risk death or torture. Where there is a real danger of death or torture, Canadian officials have refused to accept any responsibility.

Mohamed Harkat, an Algerian living in Canada is one of five recognized individuals that have been victimized by the Canadian security certificates regime. After public pressure he was released on bail and placed under strict house arrest with limited visitation rights on May 23, 2006. Another individual, Adil Charkaoui was released on bail earlier on February, 2005. Both men have no idea what they were detained for. 

Three other recognized figures detained because of the Canadian security certificates are Mohammas Mahjoub, Mahmoud Jaballah, and Hassan Almrei.  Majoub, Jaballah, and Almrei are being held in the Kingston Immigration Holding Centre, located south of Ottawa and in the maximum-security Millhaven Penitentiary. 

What is not being emphasized and sidelined by media reports is that at least one of these men, Mahmoud Jaballah from Egypt, was approached, prior to his six-year captivity, by the Canadian Security and Intelligence Service (CSIS) to become a spy in his local community, but refused. Afterwards CSIS accused Jaballah of having ties to Osama bin Laden and Al-Qaeda.

Jaballah was detained in a failed first attempt, in 1999, by CSIS, which tried to have him charged and deported once he refused to spy for them. Fortunately Jaballah`s family had kept a voice recording to prove that CSIS was threatening Jabballah to spy or face retribution.
The first judge who oversaw the first case by CSIS against Jaballah rejected the case on the grounds that there was nothing incriminating against Jaballah. It was only after the second attempt before Mahmoud Jaballah was detained in August, 2001.
Although the so-called security certificates were deemed unconstitutional, the Supreme Court of Canada suspended their own legal ruling for a year to allow the federal government to rewrite the pertinent articles of the Immigration and Refugee Protection Act (IRPA), under which the security certificates were being issued.

Furthermore, ironically the Supreme Court judgment was finalized at a time when U.S. Secretary of State, Condoleezza Rice and U.S. Secretary of Homeland Security, Michael Chertoff were visiting Ottawa, in regards to consultations on North American integration and homeland security measures, under the mantle of the Security and Prosperity Partnership (SPP). By its very nature the SPP has been contrived by the governments of the United States, Canada, and Mexico to avoid public consent and even accountability in the launching of unified policy pertaining to commercial, energy, and "security integration" and "harmonization."

The SPP has serious ramifications. It establishes the contours of a integration North American Police State. It will lead to further violations of civil liberties inside `Fortress North America.`

One battle may seem to have been won in the Supremes Court in safeguarding civil liberties, but a longer war against civil liberties is well underway. 

See article link for the rulings of the judgment of the Supreme Court of Canada in regards to the so-called security certificates. 

Five things we never see in America
1. Bicycle lanes
2. Teacher run schools
3. Cooperatively owned businesses
4. Recycling
5. Use of alternative energy