Second open letter by Adil Charkaoui, 20 December 2004
This is neither a Kafka novel nor a mediocre tale unfolding in a banana republic, but quite simply the state of human rights in the very best country in the world.
The judgement on the constitutionality of security certificates, made public on 10 December 2004, international human rights day, is a revealing illustration of post-September 11th Canada.
In this decision, decried by all human rights organisations and by an impressive number of Canadian jurists (more than 60 coast to coast), the three Federal Court of Appeal judges stated that security certificates – a measure of the Immigration Law in which the presumption of innocence does not exist, part or all of the evidence is withheld, hearsay is accepted, counter-examination of witnesses refused, the right of appeal denied, and closed sessions between judges and attornies are ready currency – are “an exceptional albeit permissible derogation.” 1