Cross-Canada day of action against secret trials in Canada

Friday, 10 December 2004, was the second cross-Canada day of action against secret trials in Canada; with actions in Vancouver, Edmonton, Owen Sound, Toronto, Ottawa, Montreal and Halifax calling for the abolition of secret trials in Canada and freedom for the detainees. 10 December is not only Human Rights Day, it is the second anniversary of the detention of Mohamed Harkat under the discriminatory security certificate regime in Ottawa.

Harkat and four other Muslim men are currently detained without charge, under secret evidence neither they nor their lawyer are allowed to see, in Canada's jails. They all face deportation to torture and further abuses of their rights. Mohammed Mahjoub has been detained for almost four and half years in this way in Toronto. Mahmoud Jaballah (Toronto, August 2001), Hassan Almrei (Toronto, October 2001), and Adil Charkaoui (Montreal, May 2003) have also been locked up for years.

In Ottawa, Alex Neve, of Amnesty International, together with Warren Allmand, Ed Broadbent, Riad Saloojee (CAIR-CAN), and Deborah Bourque (CUPW) denounced security certificates at a press conference. A statement calling for the abolition of security certificates, the release or fair trial for the five, and a halt to their deportations was released during the press conference. It was endorsed by MPs, organisations such as the Canadian Labour Congress and AQOCI, as well as well-known personalities such as Oscar-award winning film-maker Denys Arcand and Bruce Cockburn (see statement and full list below).

Meanwhile, both Meille Faille (Immigration Critic) of the Bloc and Bill Siksay (Immigration Critic) of the NDP took on the issue in Parliament. Faille asked, "Does the government intend to completely review the legislation governing security certificates and stop sanctioning a legal system completely devoid of the fundamental right to the presumption of innocence?"

Siksay pushed on, "Will the Deputy Prime Minister act now to protect basic human rights, end detention without charges and ensure that no one is deported to torture or persecution?" In response, Anne McLellan cited "security concerns", without explaining exactly how these draconian measures are supposed to make people in Canada safer, nor what she means by "security", nor why these measures only apply to non-citizens.

In Montreal, Irwin Cotler's office was picketed, for his role in prosecuting security certificates as Justice Minister. His failure to take a stand against the rights violations of security certificates stands in marked contrast to his public reputation as a defender of human rights. Family members of Charkaoui attempted to deliver a giant version of the statement to Minister Cotler, and to repeat their two-month old request for a meeting with him, but the women were rebuffed by a burly security guard. Eventually, Adil's sister was escorted to Mr. Cotler's office, only to find that the office had been locked against her.

In Vancouver, Immigration Canada offices were targetted; Owen Sound paid a visit to a local MP; while in Edmonton, the RCMP, and in Toronto and Halifax, CSIS, were subject to the spotlight for their crimes against the Muslim and Arab communities in Canada. Guelph had a day of programming on secret trials on a community radio station, and an anti-racism group in Hamilton released a statement in support of the day of action.

The Federal Court of Appeal stole the opportunity to release its decision on Charkaoui's constitutional challenge to security certificates. The ruling upheld the legality of discriminatory measures allowing the indefinite imprisonment of non-citizens without charge on secret evidence. Disgusted and disappointed in the decision - and its timing of Human Rights Day - Adil Charkaoui and his lawyer will nevertheless continue the struggle, and, with the support of human rights organisations, bring the challenge to the Supreme Court.

Adil Charkaoui will again appear in court on 10 January, for his fourth detention review since he was imprisonned in May 2003.