January 3rd, 2008, Ottawa Xpress, Sara Falconer
 
"The people of Canada don't want secret trials," says Christian Legeais, a spokesperson for Ottawa's security certificate detainee Mohamed Harkat. Which seems like a bit of a no-brainer, especially after the Supreme Court deemed security certificates unconstitutional last year. Yet the Conservatives tried to quietly pass Bill C-3, their update to that controversial section of the Immigration and Refugee Protection Act, just before the holidays. For now, it has been stalled at the House of Commons. Legeais says that while the Commons public safety committee was reviewing the new bill, public pressure made a difference. MPs received "dozens and dozens" of calls from concerned citizens. The Secret Trial Five, as they have come to be known, are Muslim refugees who were imprisoned indefinitely without being charged with a crime, and face deportation to torture or worse in Algeria, Morocco, Egypt and Syria.

In February, after the Supreme Court abolished the existing legislation, the Tories were given one year to rewrite it, and eight months later, Public Safety Minister Stockwell Day unveiled C-3. However, as activists campaigning against the certificates had predicted, the proposed law changed little except for the addition of special advocates.

According to the Conservatives, special advocates will give those held under security certificates more representation in the proceedings against them. But the accused will still not be able to see the evidence against them. In Britain, where special advocates were first introduced in similar cases, lawyers recused themselves in protest.

Bill C-3 also fails to address what many view as a fundamental issue with the process: that matters of national security have no place being legislated in immigration policy, but should instead be dealt with under the Criminal Code.

"We've got secret service, political police, who are in charge of telling us who should be in Canada," Legeais scoffs. "What we are telling the government... is not to make an unjust law more acceptable.

We are asking for justice."

Day, who had not responded to a request for comment at press time, stated earlier that the proposed changes conform to the Charter of Rights and Freedoms. The Canadian Bar Association promptly released an opinion stating that it disagrees.

On December 6, Harkat, along with Adil Charkaoui, testified before the public safety committee. Both men were held for years before being released on unprecedentedly restrictive bail conditions.

Harkat simply asked for a fair trial. "This medieval system needs to be abolished once and for all," he said.

Although the NDP has come out firmly against Bill C-3, some Liberals have expressed support for the new legislation. The final parliamentary vote will take place after January 28, when the Commons reconvenes. If the bill passes there, it will go through three more levels of review at the Senate. But Legeais is hoping it won't come to that.

"What we want is some pressure from the Canadian people," he says.

From January 25 to 26, supporters are holding nationwide Days of Action to End Secret Trials in Canada, including letter-writing and vigils. Visit www.justiceforharkat.com for details.