Release: A Constitutional Battle for the Conscience of Canada

    Coalition Justice for Adil Charkaoui, 8 October 2003

Montreal, 8 October 2003 - Adil Charkaoui appeared in court today for a first hearing in a case which challenges the constitutionality of security certificates.

Charkaoui's Lawyer Julius Grey, renowned expert in constitutional rights, opened his appeal with the words, "Our challenge is a battle for the conscience of Canada. The question is the point to which one can act against an individual."

Suspected of having links to members of Al Qaeda and alleged to have the profile of a "sleeping agent", Charkaoui was arrested by CSIS agents (Canadian secret service) at the end of May. Under a security certificate, neither the detained nor his lawyer are given access to the full evidence that CSIS presents to the judge to support its allegations. The judge is not mandated to assess whether the security certificate is in fact well-founded, but only if it is reasonable.

According to Mr. Grey, if part of the proof is withheld for reasons of nationality security, the undisclosed proof must not be used in the proceedings. He also questioned the fact that the judge's decision on the reasonability of the certificate is without appeal. If the certificate is deemed reasonable, Adil Charkaoui will be deported.

Canada is a country of rights and, in the case of security certifiactes, it is the rights of Adil Charkaoui and four other men which are being denied. One of the fundamental rights, explained lawyer Joanne Doyon, a specialist in immigration, is the right to a just and fair trial before an independent, impartial and competent tribunal.

The judgement about the constitutionality of security certificates is not due before December. A third day of hearings is expected to take place on 21 October.

The hearing will resume on Thursday, 9 October from 9:30 am, at the Federal Court (30 McGill St., Montreal, room 406). The Coalition will hold a press scrum in front of the court at 12:45, where several speakers will be available for interviews.

The Coalition for Justice for Adil Charkaoui formed in Montreal in a matter of days after his abrupt arrest. The Campaign - an alliance of progressive Muslim groups, refugee & immigrant rights organizations, anti-oppression groups and the Charkaoui family - demands the immediate release of all Security Certificate detainees, no deportations, a fair trial, an immediate end to the "Security Certificate" system, an end to scape-goating in response to American pressure, and an end to the harassment of Muslims and Arabs.
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