YOUR PRESENCE IS NEEDED IN COURT

Federal Court Hearing
Wednesday, 3 September 2008, 9:30 am
30 McGill Street, Montreal (Metro Square Victoria)

Please come out to court in a simple, concrete act of solidarity with the Charkaoui family and others who are being subject to arbitrary detention and threatened with torture in the name of "national security".

Round two of Charkaoui's security certificate process will begin on Wednesday, under the new-but-not-different law. In this hearing, Charkaoui and his lawyers will ask the Federal Court to implement the second ruling of the Supreme Court in Charkaoui's case: in June 2008, the Supreme Court ruled that security certificate detainees have the right to more than a summary of the information used against them; they have the right to disclosure of the actual evidence. The Supremes ruled that, as a consequence, CSIS cannot destroy evidence (as it in fact did in Charkaoui's case); thereby throwing into question all of CSIS's current operations. The Supremes emphasized that this basic duty of disclosure is particularly important in security certificate cases because the stakes are so high: "possible repercussions of the process range from detention for an indeterminate period to removal from Canada, and sometimes to a risk of persecution, infringement of the right to integrity of the person, or even death." (Charkaoui II, 54).

On this basis, Charkaoui will ask the Court to order the government to immediately hand over to his lawyers all relevant information that can be disclosed, so that he can prepare his defense before the special advocates can no longer freely communicate with him. If the judge decides that the security certificate law prevents such a disclosure, it will be yet another proof that this "new" law is unconstitutional. In this eventuality, Charkaoui and his lawyers will once again ask to have their constitutional challenge to the law heard without delay. So far, they have not been given a court date to make their arguments about the unconstitutionality of the law.

Charkaoui has now been validated twice by the Supreme Court: the first time in the landmark ruling striking down the old security certificate law; the second time in the judgement against CSIS's policy of destroying evidence. To date, neither decision has been implemented in Charkaoui's case or those of the other security certificate detainees. Wednesday will show to what degree CSIS will actually be held accountable by the courts.

In the coming months, Charkaoui and the other detainees will be forced to undergo a new round of Federal court hearings under the new law. For the Jaballah family, this will be the FOURTH time that they will be put through this process, on the basis of the same secret "evidence". As always, the security certificate detainees and their families are counting on your support and solidarity as they continue their quest for justice in Canada. Their cases lie at the heart of an important struggle over issues like arbitrary detention, racial profiling, the rights of non-citizens, and torture.

We hope to see you on Wednesday!

Read the motion that will be argued on Wednesday: click here.

Coalition Justice for Adil Charkaoui