Adil Charkaoui (l) and Sheikh Salam Elmenyawi (r), President of the Muslim Council of Montreal, speaking at a rally outside the Supreme Court, 31 January

A week in Kafka land
3 February 2008

Last week was an exceptionally busy one in the Kafka-world of home-prisons, vanishing secret evidence, and déjà vu laws that is the campaign against so-called "security certificates". Here is an overview of the week's main developments, ending with a renewed call for your much needed and deeply appreciated solidarity and support.

::::Harkat released!::::

The Federal Court ordered Mohamed Harkat released from prison on Friday (decision). He is again at home under house arrest with his wife Sophie Harkat. Though he has never been charged with any crime, let alone convicted, Harkat has been forced to live under an extremely repressive control scheme since his release from prison in summer 2006. Last Tuesday, Harkat was arrested at his home in Ottawa, as he took a shower, on allegations that he violated some of those bail conditions. The move on the part of the government exposed just how deeply invasive the conditions are - not only into Harkat's life, but into the lives of his entire family. The arrest, it turned out, centered on the love-life of Harkat's mother-in-law, who was literally called into court to account for where she sleeps.

Though any real concerns on the part of Stockwell Day's Canadian Border Services Agency (CBSA) could have been resolved through discussion with the family, the CBSA chose the high-profile, media-worthy method of arresting Harkat instead. The arrest, and attendant media storm, came just two days before the Supreme Court hearing into the destruction of evidence in the Charkaoui file, and as Parliament prepared to vote on the "new" security certificate law. The timing, as Harkat's lawyers pointed out, was interesting.

Harkat will be in court again on Monday, 4 February for a pre-scheduled bail review, in which he will ask the court to allow him to stay at home alone. The Harkat committee is asking people to come out to support Mohamed and Sophie (at Supreme Court building at 301 Wellington St.; court starts at 9:30am (arrive early for security). Further details on the Harkat website.

:::::Holding the secret service accountable: Rally and Supreme Court:::::

On Thursday, 31 January, Montrealer Adil Charkaoui was in Supreme Court in Ottawa for a second time, this time asking the court to consider whether the destruction of evidence in his file by the Canadian Security and Intelligence Service (CSIS) reveals bias in the inquiry that the spy agency has carried out against him. Charkaoui, his lawyers, and the six organizations who intervened in favour of Charkaoui left the court with optimism. If the Court ruling is positive, the certificate against Charkaoui could be quashed. Since CSIS systematically destroys records of interviews, the ruling could have a direct impact on other security certificate cases and even more broadly. The ruling is expected from one to three months from now. (Background on court hearing and mainstream media coverage further down on this page.)

Outside the court, people from Montreal and Ottawa gathered in solidarity with the individuals and communities targeted by CSIS profiling and harassment. Speakers from Solidarity Across Borders and CAIR-CAN explained how immigrants have been refused entry to Canada, kept in legal limbo for decades ("security delayed"), put under surveillance, held under house arrest, imprisoned, deported, and even handed over to torture on the basis of profiling and secret information stitched together by the spy agency. The rally specifically called on members of Parliament to vote against the new security certificate legislation which will provide continued legal cover for CSIS to carry out repressive activities in the context of the immigration system. (Photo essay of the rally; background on CSIS.)

:::::Bill C-3, the "new" security certificate legislation:::::

Family members of the security certificate detainees converged in Ottawa on Wednesday, 30 January, to hold a press conference calling on members of Parliament to vote against the new security certificate law, which will condemn them to further years of house arrest, fear, uncertainty and denial of justice. (Background on C-3.)

Latifa Radwan, the mother of Adil Charkaoui, explained once again that all she was asking for was equal treatment for the five security certificate detainees, and an end to the racism against Muslims and Arabs which made her, a Canadian citizen, feel like she wasn't really a citizen. Ahmad Jaballah, oldest son of Mahmoud Jaballah, questioned how members of the Liberal party, "the party of the Charter", can go against their own beliefs and vote for a piece of legislation which so clearly violates the fundamental rights described in that charter. Ahmad asked all MPs whether they can live with participating in the destruction of the lives and imprisonment of entire families, such as his own. Mona El Fouli, married to Mohammad Mahjoub, made clear that the security certificate doesn't just oppress non-citizens, but also citizens like herself and her children; she called on MPs and all others in Canada to stand up and oppose C-3.

Hassan Almrei, detained since October 2001, has no family in Canada to speak for him. Bill Siksay, a member of Parliament who has visited Almrei several times in prison, spoke powerfully in support of Almrei, calling for him to be released or charged and noting that solitary confinement and indefinite detention are always wrong. Because he has no family to assume the role of prison guards in a house arrest situation, Almrei remains in Guantanamo Bay north in Kingston, where he is now the sole prisoner. If C-3 passes, he could well remain there - without charge, trial or sentence - for endless additional years.

Meanwhile, in Parliament, people who understand nothing of the reality of Hassan, Latifa, Ahmad, Mona, Sophie and their families, were in the process of making a decision that will determine their futures. The NDP introduced a motion to delete every clause in the proposed bill. This was quickly side-stepped, and, after a couple of hours of discussion, it was agreed to vote on the committee report Monday afternoon. If it passes that vote, the bill will move to third reading, where it will again be debated and voted. This could happen as early as Tuesday, 5 February. If it passes at third reading, it will go on to Senate. Normally the bill would go through the same process in Senate - first and second reading, committee hearings, committee report and third reading before it becomes law. However, the government has apparently introduced a motion to fast-track the bill, in the hope of passing it before the Supreme Court ruling striking down the old law goes into effect on 23 February. With the support of the Liberals, this motion could pass.

If it does not pass, there is some chance that the bill will not get through the Senate before 23 February, meaning that the detainees just might have a bid at freedom and justice.

::::CALL FOR CONTINUED ACTION::::

In our trip to Ottawa, it was clear that your calls, emails, faxes and visits have been generating a lot of discussion. The main street in front of Parliament was lined with "Notices to MPs", calling on them to vote against C-3 and letting them know that they will be held responsible.

IN THE NEXT FEW DAYS, it is vital that you continue to contact members of Parliament:

• Continue to ask Conservatives and Liberals whether they support two-tiered justice, secret trials, indefinite detention, and deportation to torture; if not, ask them to take a public position against this law;

• Call on Bloc and NDP members, if they really are opposed to this unjust law, to use as many delaying tactics as they can muster to slow down its passage.

Contact one, two, three, ten MPs - as many as you can stomach. All the resources you need to do this, including a priority list of MPs, can be found by clicking here. Please send any replies you get to justiceforadil@riseup.net or tasc@web.ca.

IF THE BILL PASSES ON TUESDAY, watch for a follow-up call to action focusing on Senators. The next two weeks are critical, so please watch for email updates or regularly check our website.

More information:

Toronto: tasc@web.ca, tel 416 651 5800.
Ottawa: www.justiceforharkat.com, sophielamarche@hotmail.com.
Montreal: www.adilinfo.org, justiceforadil@riseup.net, tel. 514 848 7583.